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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant had a record of having been sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on September 8, 201, and a suspended sentence of six months for the same crime in the same court on October 6, 2011.
[2] On December 10, 2015, the Defendant driven B1 ton truck under the influence of alcohol with approximately 2km of about 0.174% in alcohol level from around 2km-ro 205, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 205 to the 31st road.
Accordingly, the defendant, even though he had the influence of drinking twice or more, was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of driving results of drinking;
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry, reply, and judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures was punished by a majority of the past similar forces, and despite the wife of the judgment of suspension of execution, the crime of this case is committed and the degree of imprisonment is very high in light of the fact that alcohol concentration in blood is high.
On the other hand, the execution shall be suspended in consideration of the fact that the defendant has relatively no record of separate punishment in recent years, the defendant's livelihood of his/her children and his/her parents who are supported if the defendant is detained is expected to be a large degree, and the defendant again helps the defendant not to drive alcohol.
It is so decided as per Disposition for the above reasons.