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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 7, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, and on February 27, 2014, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court.
Around 03:50 on October 2, 2018, the Defendant driven a balp-fed vehicle from the 2km section to the front road near the Sinjin-gu, Songjin-gu, Songjin-gu, Seoul, under the influence of alcohol by 0.128%, even though the Defendant had driven two or more times as above, with a blood alcohol concentration of 0.128%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of criminal records of the same kind of suspect)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act include the blood alcohol concentration in the instant case, the fact that there exists the same previous department, the fact that the crime is committed in depth and is committed in order to prevent recidivism, and the fact that it appears to practice its reflectivity by itself, etc. In addition, the punishment is determined as ordered by taking into account all factors of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and circumstances after the crime.