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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
On May 14, 2012, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong site, and on September 9, 2015, a summary order of KRW 7 million for the same crime, etc. from the Daejeon District Court's Incheon District Court's Support on the same day, and has a record of driving under the influence of alcohol at least twice.
On March 17, 2019, at around 00:18, the Defendant driven approximately 250 meters from the vicinity of the Mapo-si, Seopo-si to the front day of the D apartment at the same time, while under the influence of alcohol content of 0.09%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), notification of the results of the regulation of drinking driving, and related photographs;
1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of criminal records of the same kind as a suspect), written rulings, and copies of summary orders shall be applied;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing