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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 March 18, 2008, the Defendant was issued a summary order of KRW 500,000 by the Gwangju District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 5, 2019, at around 19:45, the Defendant driven a DM5 car in the state of alcohol alcohol concentration of about 0.198% from the 3km section of approximately 3km to the roads in the Hancheon-si, Hancheon-gun, Hancheon-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. The actual survey report on traffic accidents;
1. Previous convictions in judgment: Application of investigation reports (verification of the same kind of drinking power)-related Acts and subordinate statutes;
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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.