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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On May 29, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on August 16, 2012, sentenced to six months of imprisonment and two years of suspended execution.
【Criminal Facts of Crimes】 On December 28, 2014, the Defendant driven a Ding MKK car volume while under the influence of alcohol 0.232% (0% for smoking 0.146%) of alcohol content on the part of the 500-meter sections from the front day of the Gain Park Don-dong in Ansan City to the front day of the Dondong-dong in Ansan City.
Summary of Evidence
1. Defendant's legal statement;
1. A written report on the occupancy of a motor vehicle from the driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service order or order to attend a lecture: The circumstances unfavorable to the reasons for such consideration in light of the serious reflectivity, motive and circumstances of the crime: the same kind of crime is not committed and the circumstances leading to