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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
On March 29, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Traffic Act at the Busan District Court on March 29, 201, and KRW 7 million as a crime of violating the Traffic Act at the Busan District Court on March 10, 2014.
Nevertheless, the Defendant, at around 01:00 on July 29, 2016, driven a motor vehicle under the influence of alcohol again as a person who violated Article 44(1) of the Road Traffic Act two times or more and has violated Article 44(1) of the Road Traffic Act, while driving a motor vehicle under the influence of alcohol, in the section of about five meters from the Do prior to the convenience store in Yangsan City B to the front of the same convenience store.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. 112 A list of reported cases;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)1 of the same Act (Article 62(1)1 of the same Act on the grounds that considering the repetition of the same type of crime, the risk of recidivism, the possibility of personal and material damage to which drinking drivers own, and the degree of drinking alcohol reaches 0.117%, the choice of a suspended sentence instead of a suspended sentence, in consideration of the fact that there is no past record of criminal punishment heavier than a suspended sentence due to the same crime, or the fact that there is no record of criminal punishment heavier than a suspended sentence due
1. Protective observation and community service order under Article 62-2 of the Criminal Act;