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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the Changwon District Court. On July 13, 2009, the Defendant was issued a summary order of KRW 2.5 million for the same crime in the same court. On May 27, 2011, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.
On April 13, 2018, at around 01:55, the Defendant driven a B string-man car under the influence of alcohol content of about 500 meters from the 500-meter section to the benz road located in the Changwon-si, Changwon-si, Changwon-si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires that the defendant has been punished several times due to drinking driving.
However, the punishment shall be determined as ordered in consideration of the fact that one's mistake is recognized and reflected, the age, circumstances of the crime, circumstances after the crime, etc.