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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 December 16, 2016, the Defendant was notified of a summary order of a fine of KRW 3.5 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 07:20 on November 2, 2019, the Defendant, while under the influence of alcohol 0.169% under the influence of alcohol, driven approximately 1.8 km E300 cars from the front of the coal station located in Pyeongtaek-si working at Pyeongtaek-si and from the front of the road located in the same Si-si under the influence of alcohol level of 0.169%, to the front of the ordinary site of the Ministry of Employment and Labor.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;
1. The actual survey report on traffic accidents;
1. Previous convictions: References to criminal records, investigation reports (verification of the same criminal records of a suspect), and application of Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case