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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 April 2, 2010, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million by the same court on June 15, 201.
【Criminal Facts】
On June 17, 2019, the Defendant was under the influence of alcohol of 0.164% of blood alcohol concentration at around 21:57, and was driving a F n-car at approximately 9 kilometers from the G parking lot located in Young-gu, Young-gu, Young-si to the front route of the E-Union Ga located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of G traffic accidents;
1. The circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of criminal history records, reference reports (A), investigation reports (limited to previous records and copies of summary orders);
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, Dec. 24, 2018);
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 by taking into account the fact that the defendant had been punished for two times or more by drinking driving, despite the fact that he/she had the record of his/her drinking driving again, and shall not have any record of punishment exceeding the fine prior to the crime of this case, and shall order suspension of execution
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.