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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal History] Violation of the Road Traffic Act (Drinking in 2008): A fine of KRW 1.5 million (Drinking in 2017): A violation of the Road Traffic Act (Drinking in 2008): A crime of KRW 3 million / [Defendant] A while under the influence of alcohol level of KRW 0.089% while blood alcohol level of KRW 0.089%, and around July 7, 2017, a person driving B strawing car at the section of approximately 200 meters from the front day of the Egreging in Kimhae-si and the road in the same way as that of the Haak-si Construction.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years of taking lectures, 40 hours in community service, and grounds for aggravation of 120 hours: High blood alcohol concentration, the same criminal record (three times of a fine for one-time driving of drinking alcohol) before judgment, and other grounds for mitigation: Confession, etc.;