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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 became final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 12, 2013, the Defendant was issued a summary order of a fine of 6 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on September 12, 2013, and on October 6, 2009, the Defendant was issued a summary order of a fine of 5 million won for a violation of the Road Traffic Act.
【Criminal Facts】
On July 5, 2019, at around 07:40, the Defendant driven Eone Star or knife while under the influence of alcohol 0.050% of alcohol alcohol concentration, while driving approximately 7 km from the front to the front road of D located in the same city as D in the same city C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. The sentencing of Article 62(1) of the Criminal Act, based on the following factors: the criminal records of the defendant, the interval between the period of the immediately preceding drunk driving force, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, the occurrence of the accident, the driving distance of the defendant, the reflectivity of the defendant, family relations, etc., and the various sentencing conditions specified in the records and arguments, shall