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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 October 9, 2009, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million with a fine of KRW 1 million with a violation of the Road Traffic Act (driving) at the Suwon District Court on November 19, 2010, a summary order of KRW 3 million with a fine of KRW 1 million with a penalty of violating the Road Traffic Act (driving) at the Suwon District Court on November 19, 201, and on September 11, 2013 at the Suwon District Court on September 11, 2013, a summary order of KRW 7 million with a fine of KRW 7 million has been issued.
On January 7, 2019, around 22:50, the Defendant driven a Bbe-crat-type car under the influence of alcohol level of 0.101%, at a section of approximately 1.5km from the Guang-si's wife to the front side of the entrance of the Doma-dong, Dopo-si, Dopo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (Report on the status of an employee);
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous convictions in judgment: To refer to inquiries and apply three copies of a summary order to the Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):
1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act is against the principle of good faith when recognizing the crime.
Although the defendant had been sentenced to a fine due to the same crime three times, the defendant repeated the crime.
The level of brewing is not easy.
The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.