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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 April 24, 2008, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Busan District Court’s Branch Branch on April 24, 2008. On December 3, 2014, the Defendant was issued a summary order of KRW 5 million as the same crime by the Incheon District Court.
【Criminal Facts】
On March 31, 2019, at around 16:32, the Defendant driven a motor vehicle with Cdecent Pump in a state of alcohol alcohol concentration of about 47 km from the front side of the East-gu Incheon Bupyeong-gu, Incheon, to the front side of the Dong-gu, Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the measurement of alcohol, report on the status of a driver under the influence of alcohol, report on the status of a driver under the influence of alcohol, consent to blood collection, confirmation request for appraisal, report on the blood alcohol appraisal, and report on the status of
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving alcohol), and application of Acts and subordinate statutes of a copy of summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person under obligation to provide community service or undergo education has been under the influence of drinking at least three times, and the fact that the person under obligation to provide community service or undergo education has been under the influence of drinking at once, the fact that the degree of blood alcohol level is highly favorable: The fact that the person is recognized as committing the crime, the fact that the person does not repeat the crime, such as the disposal of the vehicle, etc., and the fact that the person under obligation to provide community service or undergo education, and the circumstances