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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 January 25, 2018, the Defendant was sentenced to a fine of KRW 4 million for the crime of the Road Traffic Act in the support of the Daejeon District Court in the Incheon District Court.
On November 05, 2019, at around 21:35, the Defendant driven a e-cargo under the influence of alcohol with approximately 0.099% of alcohol concentration at a section of about 60 meters from the Do in front of the cross-sacrific leg in the Dong-gu, Chungcheongnam-gu, Incheon-si to the front road in the Dong-gu, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Investigation report (Report on the status of an employee);
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, repeated statements, reports on results of confirmation of failure to take dispositions, and application of Acts and subordinate statutes of a summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished by a fine for a violation of the Road Traffic Act, the driving of the instant case was conducted, the fact that the blood alcohol concentration of the instant case was high, the defendant recognized and reflected in the instant crime, the fact that the defendant sold the instant vehicle, the fact that the defendant sold the instant vehicle, and the fact that the defendant's health status is not good, etc., shall be determined as the sentence