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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 of the final judgment.
Reasons
Punishment of the crime
On November 12, 2010, the Defendant issued a summary order of KRW 5 million at the Suwon District Court for a violation of the Road Traffic Act (refluence of measurement).
Nevertheless, at around 22:20 on August 3, 2019, the Defendant driven C C C in the state of alcohol alcohol concentration of approximately 0.075% from the 3km section of approximately 3km to the front road of Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the statement of the status of the driver under the influence of alcohol, investigation report (report on the status of the drinking driver), and
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same summary order;
1. Relevant Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Although the history of punishment for non-driving or non-driving of alcohol has been four times (2 times in 2002, once in 2005, once in 2010), the circumstances that are favorable to the fact that the non-driving of alcohol is carried out at once in spite of the fact that there is no record of criminal punishment after the violation of the Road Traffic Act in 2010, there is no record of criminal punishment. In addition, the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. shall be comprehensively considered and determined as the same sentence as the order.