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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 October 2, 2013, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the District Court of Jung-gu, 2013.
On August 26, 2019, at around 01:25, the Defendant driven a C low-speed car with about about 10 meters of alcohol level 0.137% while under the influence of alcohol level 0.137% from the front side of the B apartment house in Chungcheongnam-si, Namyang-si. to the parking lot in the above apartment house.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the control results of drinking driving, report on the status of drinking driving, and report on the status of drinking drivers, status of drinking drivers, and statement;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports, and criminal records records;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2013, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol concentration in the instant case is 0.137%; and (c) the parking lot driving case; and (d) the Defendant’s age, character and conduct; (b) family relationship; (c) motive and means of the crime; and (d) various sentencing conditions specified in the records and arguments, including the circumstances after the crime,