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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
[Criminal Power] On January 26, 2018, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Jung-gu District Court.
【Criminal Facts】
On December 12, 2019, at around 02:05, the Defendant driven a DNA vehicle from around 1.5 km to the front of the Namyang-si, Namyang-si, with a blood alcohol content of 0.112%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of criminal records of the same kind as the accused), and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2018, committed the instant crime.
In the last time, the previous years of drinking driving are recent.
The defendant has caused an accident that leads to the shock of alcohol while driving.
In addition, considering the fact that the defendant is recognized to commit the crime of this case, the family members and branch members of the defendant want to take the front line, the blood alcohol concentration (0.112%) the blood alcohol level (0.12%) the blood alcohol level, the drinking driving distance (1.5 km), the control background, the age and personality and conduct of the defendant, family relation, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments of this case shall be determined as ordered.