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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 2, 2010, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on July 2, 201, and a fine of two million won for a violation of the Road Traffic Act at the same court on September 22, 2011.
Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven B Span-type car under the influence of alcohol leveling 0.157% from approximately 50 meters from the 500-meter section of blood alcohol level to the front of the restaurant for the “Fari-gu Manungn,” Sinri-si, Sinri-si, Seoul, on April 14, 2018 to the day before the restaurant for the “Fari-do” 1856-4, Sinri-dong.
Although Defendant 2 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven BS-type car under the influence of alcohol concentration of approximately 0.120% from the 20-meter section of blood alcohol at around 20 meters from May 10, 2018 to the top of the same 1856 U.S. River.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving under drinking;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend lectures, have repeatedly committed the same kind of crime for a short period of time even though the Defendant was punished for the crime of drinking alcohol driving two times.
The alcohol concentration in each blood is not low.