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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] The Defendant is a person who has been sentenced to a suspended sentence of two years for the six-month imprisonment with labor for a crime of violating the Road Traffic Act in the Changwon District Court's Seongbuk-gu on April 22, 2011, and a person who has been sentenced to a suspended sentence of two years for the same crime in the same court on October 10, 2013.
[Criminal facts] On June 25, 2017, under the influence of alcohol content of 0.151% in blood around 15:47, the Defendant driven B-type truck from approximately five kilometers in the section of about 5km to the front road of the elementary school in the city where the head of the relevant Si is located.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing conditions indicated in the records, such as the observation of protection, the order to attend a lecture, and the order to attend a community service order under Article 62-2 of the Criminal Act (including two times the suspension of the execution of imprisonment with prison labor) and the defendant's age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into account the following circumstances: