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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 7, 2007, the Defendant was issued a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court. On March 3, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on March 3, 2008. On November 2, 2012, the Defendant was issued a summary order of 7 million won for a crime of violating the Road Traffic Act (drinking) at the Seoul East District Court.
Although the Defendant had the record of violating the sound quasi-driving operation more than twice as above, on November 20, 2015, the Defendant driven BM5 car at approximately 500 meters while under the influence of alcohol content of 0.138% in the blood alcohol content in the new-gu university playground located in Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. A report on the detection of a primary driver;
1. Photographs of the new and old lender lender concerning drinking operation;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports on previous convictions in disposition and results confirmation, text of judgment, etc.);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (a large number of criminal records of the same kind, but the accused is against his/her will, and the fact that he/she has no calendar record of punishment, etc.);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;