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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 6, 2013, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 6, 2013, and was sentenced to a fine of five million won or more due to a crime of violating the Road Traffic Act at the Jung-gu District Court on December 8, 2014, and was sentenced to a fine of five million won or more due to a violation of the Road Traffic Act.
On May 6, 2018, the Defendant driven B K5 car under the influence of alcohol content of approximately 0.254% from the 4km section of blood alcohol to the front road of 2026-0, e.g., Geumcheon-si, Namyang-si, in which the trade name located in the e.g., Jincheon-si, Jin-si is unknown.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The records of being sentenced to a fine due to the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act are continuously driving under the influence of drinking even though they had been sentenced two times recently, and the amount of alcohol concentration at the time of blood was high, and the Defendant’s age, sex and behavior, environment, motive, means and consequence leading to the instant crime, the motive, means and consequence leading to the instant crime, the circumstances before and after the instant crime, and other factors of sentencing as stated in the instant argument shall be determined as ordered by the text.