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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 history] On December 13, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Changwon District Court’s branch on December 13, 201, and on July 19, 2012, the Defendant was sentenced to a suspended sentence of two years and a fine of ten million won for a year of imprisonment without prison labor due to a crime of violating the Road Traffic Act (driving) in the same court in the same court on July 19, 2012, and all the records of the same crime are seven times.
[2] On August 16, 2017, at around 09:51, the Defendant driven a BNS E Q90 vehicle with approximately 600 meters alcohol concentration at around 0.056% in the section of around 600 meters from the front of the Chungcheong Agricultural Machinery Repair Center at the center of the city of 09:51, Chungcheongnam-si, Seoul, through the Gyeongnam-si, through the parallel coast of 239, from the front of the GM to the front of the GM.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of the case, inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and statement of the situation of the driver under driving;
1. Report on investigation results and report on investigation results;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the case where the defendant has a considerable number of records of driving crimes under significant drinking alcohol, including the previous conviction of probation, and the necessity of sentence.
However, a suspended sentence shall be imposed in consideration of the fact that this case is not accompanied by an accident, and the defendant both recognizes and reflects his/her own crime, and that he/she was not a high alcohol level at the time of the crime, and that he/she was not a high alcohol level at the time of the crime, and community service is also ordered in consideration of the fact that he/she was a criminal record.