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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 November 21, 2014, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on November 21, 2014. On December 19, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court.
【Criminal Facts】
On June 28, 2019, at around 22:42, the Defendant driven a DK7 car at a section of about 100 meters from the 100-meter radius to the Cridge road located in the Ghyeong-si Suwon-si Suwon-si, in a state of alcohol of 0.135% of blood alcohol concentration.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;
1. Inquiry reports on criminal records, investigation reports (report on confirmation of criminal records of the same kind of suspect), and application of summary order-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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had already been punished twice due to drunk driving, the Defendant committed a crime of drinking alcohol again, and the blood alcohol concentration is not weak.
However, the sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc. shall be determined in full view of the fact that the defendant is against the mistake and that there is no other criminal records except for the punishment for the above drinking driving, and all the kinds of sentencing conditions, such as