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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 April 13, 2007, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Suwon District Court. On August 13, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act and two years of suspended execution at the Suwon District Court.
On October 9, 2019, at around 00:08, the Defendant driven a Dbenz motor vehicle while under the influence of alcohol content of about 10 meters at approximately 0 meters in front of the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
Accordingly, the defendant violated the prohibition of drinking driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The actual condition survey report;
1. Reports on the results of the drinking driving control and circumstantial statements;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports, such as the same type of power);
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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the age, character and conduct, environment, health conditions, etc. of the defendant;