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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 August 17, 2007, the Defendant was sentenced to a fine of three million won for a crime, such as violation of the Road Traffic Act, at the Seoul Eastern District Court on August 17, 2007, and was sentenced to a suspended sentence of two years for a crime on April 21, 2009, such as violation of the Road Traffic Act.
On February 16, 2017, the Defendant driven BMW car at a distance of about 1 km from around 0.239% of alcohol level among blood transfusions to around 07:40 to around 512, Gangnam-gu, Seoul, Samsung-dong, to the end of 512.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The circumstances are disadvantageous to the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking, driving, etc., and the previous conviction in 2009 was sentenced to suspended sentence due to drinking, etc., and the result of the measurement of drinking of this case is very high.
However, the above previous convictions were previous convictions before and after 2009, and thereafter the defendant did not have any previous convictions, including drinking, and considering the circumstances such as the fact that the case constitutes a simple driving of drinking, and other circumstances such as the defendant's age, sexual conduct, and circumstances leading to the crime, etc., the punishment shall be determined as ordered by the sentence in consideration of all the sentencing conditions.