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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
[Criminal Power] On June 18, 2008, the defendant was sentenced to a suspended sentence of 2 years in the Busan District Court for the violation of the Road Traffic Act (hereinafter referred to as the "Act") and the judgment became final and conclusive on June 26, 2008.
【Criminal Facts】
On September 15, 2019, at around 10:20, the Defendant driven D C-C-C-W-W-W-C-W-W-W-C-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking driving is highly likely to infringe on the life and property of others as well as himself/herself.
The distance of the defendant's drinking driving is very long.
In addition to the first head written in the judgment, the defendant has been punished for a crime concerning the operation of a motor vehicle.
A favorable normal situation: The defendant shows an attitude to recognize and reflect his mistake, and there are circumstances to be considered in light of the point of regulation.
In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.