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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
[criminal power] On December 16, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on December 16, 2013, and on January 20, 2016, the Defendant was sentenced to a summary order of KRW 4 million for the same crime from the Suwon District Court's Eunpyeong District Court's Pyeongtaek District Court's House site, and was sentenced to a summary order of KRW 4 million for the same crime at least twice.
【Criminal Facts】
On October 8, 2019, at around 00:26, the Defendant driven a DNA car while under the influence of alcohol of about 0.104% in the 3km section from the front of Pyeongtaek-si B to the front of Pyeongtaek-si apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes related to inquiry reports and investigation reports;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, order to attend a lecture, the fact that there is no criminal record exceeding a fine, including the fact that the defendant mistakenly recognizes and reflects the reason for sentencing under Article 62-2 of the Criminal Act, and there is no criminal record exceeding a fine, the frequency of drinking driving, the reason for drinking alcohol driving in the case, the background of drinking driving, the defendant's age, character and behavior, environment, family relationship, etc. shall be determined as the same as the order, by comprehensively taking