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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 February 11, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Jeju District Court on February 11, 2008, and a fine of three million won for a violation of the Road Traffic Act at the Jeju District Court on December 8, 2016.
【Criminal Facts】
On December 5, 2018, at around 07:34, the Defendant driven the FP car volume from the front of “C Park” in “C Park” in “C Park,” to the front of “E stock company,” located in D” in the same city to the front of “E stock company,” the Defendant driven the FP car volume in the state of under the influence of alcohol of about 100 meters with a blood alcohol concentration of 0.101%.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of the drinking driver, investigation report (report on the state of the drinking driver), the report on the state of the drinking driver, the report on the state of the drinking driver, the inquiry into the results of the crackdown on the drinking driving, and field photographs
1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing for sentencing the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects his mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the principal is not weak; and (d) the defendant's age, character and behavior, environment, means and result of the crime and the circumstances after the crime, etc. shall be determined as