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A defendant shall be punished by imprisonment for one year.
except that 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 30, 2009, the defendant had the record of being sentenced to a summary order of a fine of three million won for the crime of violation of the Road Traffic Act in the Cheongju District Court's Assistance.
Criminal facts
On November 19, 2019, at around 00:09, the Defendant driven a car with C Sti-type in approximately KRW 2.5 km from the Sungnam-gu Underground Parking Lot of Sungnam-gu to the road with the 0.208% alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Request for appraisal, and a written report on blood alcohol alcohol appraisal;
1. Application of Acts and subordinate statutes attached to two copies of criminal records, reference reports, investigation reports, and summary orders;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for the suspended sentence under Article 62(1) of the Criminal Act, criminal records (two times), gravitys of crimes, drinking water, driving distance, driving distance, and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime;