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A defendant shall be punished by imprisonment for a term of one year and two months.
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 28, 2019, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.
On October 17, 2019, at around 23:27, the Defendant driven a car F i30% while under the influence of alcohol content 0.120% from the Do in front of the C cafeteria located in Osan City B to the E preceding road located in Osan City D.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. A written appraisal;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished as a drunk driving, and the Defendant was making a drunk driving again in several months only.
The blood alcohol concentration level also does not improve.
However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of a traffic accident, the fact that the traffic accident did not occur, the criminal records of the fine before drinking, the fact that there are no particular criminal records, and the family members and branch members of the defendant want to take the preference of the defendant, the sentence of the defendant's sentence is harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.