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A defendant shall be punished by imprisonment for one year.
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 June 19, 2007, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court as a crime of violating the Road Traffic Act (drinking driving), and on January 29, 2008, the Defendant issued a summary order of KRW 1.5 million for the same crime from the vice branch of the Incheon District Court on January 29, 2008.
On December 9, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.177% in the 1km section from around the point of “flave food,” located in the ben Eup Eup of the Crossing-gun, Crossing-gun, and up to the point of “flave” food in the same Ri.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking alcohol, report on the circumstances of the driver involved in driving, response to a request for appraisal, report on the detection of the driver involved in driving, report on the occurrence of traffic accidents, and report on the occurrence of traffic
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 25);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service requires a strict punishment for a serious crime that may cause harm to the life and body of himself/herself and others, the defendant has the history of being subject to criminal punishment for a crime of violating the Road Traffic Act on two occasions, the defendant's degree of driving or the risk of driving drinking, and the case is not easy in light of the defendant's degree of driving or the risk of driving alcohol, and the defendant has caused a traffic accident that causes a shock of a vehicle parked in the above crime.
On the other hand, it is also recognized that there is no record of criminal punishment except twice a fine due to drinking driving.
In the above circumstances, the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.