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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On May 6, 2013, the Defendant issued a summary order of a fine of KRW 4 million for a crime of violating road traffic law in the Gwangju District Court's net support on May 6, 2013, and on November 22, 2010, the above court issued a summary order of KRW 3 million for the same crime, and the driving force of drinking is three times in total.
[Criminal facts] On September 1, 2017, the Defendant driven a C-observer car under the influence of alcohol content of approximately 0.216% from a portion of about 60km to the front road of the Defendant’s residential area located in Gosri-gun B, Gocheon-si, Gocheon-si, who had a separate level from the front road of the Defendant’s residential area in the 20:38 South, Gosri-gun to the front road of the Hancheon-si Highway 98, the Defendant driven a C-observer car under the influence of alcohol content.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect's history of driving alcohol) statute;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, who had been punished three times by a fine due to drinking alcohol driving, making it difficult to achieve the purpose of punishment due to a fine.
Since the defendant is selected to be sentenced to imprisonment, the execution of the sentence shall be suspended only once taking into account the following factors: (a) the defendant appears to reflect his/her attitude; (b) the fact that there is no criminal record exceeding the fine; and (c) the defendant's age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime were committed.