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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
[Criminal Records] The Defendant was sentenced to a fine of 700,000 won in Busan District Court for a crime of violating the Road Traffic Act on January 12, 2010.
[2] On May 6, 2020, the Defendant: (a) started from the roads near Jin-si, Jin-si, Jin-si, Jin-si; and (b) driven the instant C rocketing vehicle under the influence of alcohol content of about 0.118% from approximately 24km to Pyeongtaek-si, Jin-si, Jin-si; and (c) drive the instant C rocketing vehicle under the influence of alcohol content of about 0.118% from the 24km section to Jin-si, Jin-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report and report on the circumstances of the driver's license in the main place;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of the provision of a reply to inquiry, such as inquiry about criminal history;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering