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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
[criminal power] On June 5, 2015, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court, etc., and three million won for a violation of the Road Traffic Act (driving on April 18, 2016) at the Sungnam Branch of the Suwon District Court.
【Criminal Facts】
At around 02:40 on May 13, 2019, the Defendant driven an EMF car at a section of about 300 meters from the roads front of the building in the Gansi-si (U.D.), while under the influence of alcohol of 0.081% of blood alcohol concentration, and the Defendant driven an EMF car at a section of about 300 meters prior to the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control results of drinking drivers;
1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (Attachment of the previous record and summary order), - Application of two copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);
1. Article 62 (1) of the Criminal Act;
1. The court shall select and punish imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act, taking into account the fact that the defendant had a history of punishment for drinking driving, even though he/she had the same record, and shall not have any record of punishment exceeding the fine prior to the crime of this case, order suspension of execution shall be sentenced in consideration of the fact
The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.