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A defendant shall be punished by imprisonment for one year.
except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 14, 2007, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support.
【Criminal Facts】
On December 8, 2019, at around 10:45, the Defendant driven a C motor vehicle under the influence of alcohol with a blood alcohol concentration of about 15 km from the front of the B apartment in Gwangjuyang-si to the front road of the Hanyang-si, Jeonyang-si, the Hanyang-si, the Hanyang-si, the Hannam-si, the Hannam-do, the Hannam-do, the Hannam-do, the Hannam-si, the Hannam-si, the Hannam-si, the upper
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Before the defendant's legal statement, the main driver's report, the circumstantial blood alcohol concentration appraisal report, as shown in his/her ruling: Application of the inquiry report and investigation report (verification of the same type of punishment records), including criminal records;
1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (at the same time, there is no record of criminal punishment exceeding the fine, but there is no record of criminal punishment exceeding the fine) at the time of the instant case; (c) the distance of drunk driving; and (d) the circumstances after committing