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A defendant shall be punished by imprisonment for one year.
except that 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 January 25, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.
【Criminal Facts】
Although the Defendant violated Article 44(1) of the Road Traffic Act, at around 22:55 on Nov. 16, 2019, the Defendant, while under the influence of alcohol 0.191%, driven a D-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. The application of criminal records, inquiry reports, and criminal investigation reports-related 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 sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to a crime, and circumstances after a crime, etc.