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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 January 15, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 4, 2019, at around 23:41, the Defendant driven a f49c obane while under the influence of alcohol 0.082% of the blood alcohol concentration at approximately 1.5km from the roads near Seo-gu, Gwangju to the D apartment E-dong, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Requests for appraisal;
1. Previous conviction: Application of a summary order of Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act requires the following comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the health condition of the defendant, and the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case.