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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 March 19, 2015, the defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on March 19, 2015.
Nevertheless, at around 14:10 on November 14, 2019, the Defendant driven a fwing and 1 ton cargo vehicle while under the influence of alcohol content of about 1k from the front of the road located in Syang-si B to the front of the restaurant located in D in Syang-si, in approximately 0.031% of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, inquiry into the results of the control of drinking driving, and making an inquiry into the enemy;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (attached to summary orders of the same kind of suspect records);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant wrongs, the fact that there is no record of punishment heavier than the fine imposed for the same kind of crime, and the fact that the blood alcohol concentration is low at the time of the crime, etc., the circumstances to be considered for the defendant and other factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as the same as the order.