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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 November 28, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act; on August 26, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act; on November 18, 2009, at the Jung-gu District Court issued a summary order of KRW 3 million to a fine of KRW 3 million for a violation of the Road Traffic Act; on September 14, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million to a fine of KRW 1.5 million to a violation of the Road Traffic Act; on May 20, 2019, at the Jung-gu District Court sentenced to a summary order of KRW 3 million to a fine of KRW 3 million to a violation of the Road Traffic Act of KRW 300,000,000 for a road of KRW 107,000,00.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had the same criminal record, again committed the crime of this case.
However, considering the fact that the criminal records of the defendant were relatively old, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions shown in the arguments of this case.