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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 February 1, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 20, 2019, at around 07:45, the Defendant driven the freight vehicle of Dwning and Ⅲ under the influence of alcohol level of about 0.11% from a 200-meter section from the Southern-gu Incheon Metropolitan City Bllra to the front road of Incheon Dong-gu C.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Previous records of judgment: Application of Acts and subordinate statutes attached to inquiries, such as criminal records, etc., references to inquiries, previous records of disposition, reports on results of confirmation, and judgments;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. An order of education under Article 62-2 of the Criminal Act causes significant danger to the public safety by causing traffic accidents, such as causing a traffic accident by driving under drinking condition, even though the person had been punished for drinking alcohol concentration, the distance and time of drinking driving, and the record of punishment for drinking driving. After the last record of the crime of this case, time interval from the time of the crime of this case to the time of the crime of this case, recognizing the crime of this case, and taking the wrong facts into account the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the defendant'