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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
On August 9, 2013, the Defendant was issued a summary order of a fine of KRW 3 million at the Suwon District Court due to a violation of the Road Traffic Act (Operation by Drinking). However, on March 11, 2020, the Defendant driven a D horse-type car at approximately 5 meters under the influence of alcohol level 0.221% of alcohol level from the front parking lot of convenience store B at the time of Samwon-si on March 11, 2020 to the front sand level.
Summary of Evidence
1. The statement F of the police's protocol of interrogation of the accused, which contains some statements E among the police's protocol of interrogation of the accused, the statement of the situation of the driver, the report of the situation of the drinking driver, the photographs related to the notification of the 112 Report
1. Previous convictions in the judgment: Criminal records, investigation reports (the records of drunk driving of a suspect), and the application of Acts and subordinate statutes to the effect that the defendant's vehicle has no memory, but according to CCTV images, it is confirmed that the defendant's vehicle enters the sand sand president beyond the boundary line at the parking lot, and witness G also stated that the defendant's vehicle left sand sand president, and then the defendant's vehicle left the sand president, and then the defendant tried to go out while leaving the sand, thereby recognizing the defendant guilty of the facts charged).
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. A person who intends to commit a suicide is selected to be sentenced to imprisonment in consideration of the degree of taking the principal of a defendant and the record of punishment for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act, and the risk is difficult to deem that the defendant, who was trying to commit a suicide, has driven 5 meters from the bathing beach parking lot to the sand president at night. The same criminal records are all punished by a fine, and the sentence shall be set at least within the scope that the statutory punishment is mitigated, and the execution of the sentence shall be suspended, and the defendant shall assist the prevention