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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 5, 2015, the Defendant was issued a summary order of KRW 1 million by the Jeju District Court due to a crime of violation of the Road Traffic Act.
On November 15, 2019, at around 17:35, the Defendant driven C string cars from about 1 km to the front road of the Naju City, from the road of the sand bridge located in the Naju-si, while under the influence of alcohol of 0.052% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant was punished by a fine of KRW 700,000 due to drunk driving in 2010 and a fine of KRW 1 million due to drunk driving in 2015, he/she again driven the instant drinking, and the Defendant was sentenced to imprisonment with prison labor on the grounds that there are no extenuating circumstances as to the circumstance of drunk driving.
However, the execution of sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the defendant has no record of punishment except the above punishment, the blood alcohol concentration (0.052%) is relatively low and the driving distance (1km) is relatively short, and the defendant's age, character and behavior, environment, and circumstances after the crime, etc., shall be suspended by comprehensively considering the sentencing conditions stipulated in Article 51 of the Criminal Act, and the order to attend the compliance driving lecture.