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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on October 23, 2008, by issuing a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support of the Suwon Flag Flag, and on December 9, 201, by issuing a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Flag support of the Suwon Flag Flag Flag, respectively.
[Criminal facts] On June 1, 2018, the Defendant driven a coo vehicle B at the section of about 50 meters from the 50-meter radius to the front of the Taecheon-si Traditional Marin-ro, 116, Echeon-si, Echeon-si, under the influence of alcohol level of 0.084% among blood transfusion around 23:13, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (verification of criminal records of the same kind of punishment as the suspect);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on the duty to observe the order for protection and observe, and the order to attend a lecture, even though he had been punished for driving under the influence of alcohol twice, and according to the defendant's statement about the motive of driving under the influence of alcohol in an investigative agency, according to the contents of the defendant's statement in the investigative agency, the defendant is deemed to have committed the crime of this case
The decision is judged.
The punishment as ordered shall be determined in consideration of the fact that the accused is against the crime, the fact that there is no record of punishment of a fine or more severe punishment, and the age, environment, motive, circumstances, etc. of the accused.