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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
[criminal history] The defendant is a person with three same kinds of criminal records in Changwon District Court's Jinju on November 10, 2006, including a fine of two million won for a violation of road traffic law (drinking driving), a fine of one million won for the same crime in the same court on January 3, 2008, and a fine of one million won for the same crime in the same court on January 13, 201, and a summary order issued on January 13, 201 by the same court on the same crime.
[Criminal facts] On December 2, 2016, the Defendant driven B Poter Cargo Vehicles from the front road of the Spoter Fishing Park in Spocheon-si, Spocheon-si to the front road of the Spoter in the same west-gu, Seocheon-si, under the influence of alcohol level of 0.20% among the blood transfusion around 23:10 on December 2, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol and a report on the situation of driving alcohol;
1. Five copies of inquiries about the results of crackdown on driving drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the community service order: Cumulativeities of the same crime - Circumstances favorable to the latter: confession of and reflect on the crime;