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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
On July 20, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime from the same support on September 12, 2008, and a summary order of KRW 3 million for the same crime, from the same support on December 14, 2012.
On November 18, 2016, at around 01:52, the Defendant driven a bowling MKS car while under the influence of alcohol concentration of about 0.074% in a 30-meter section from the Do in which it is located in Kimpo-si, Kimpo-si, to the roads before the physical telecom.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol (list 4);
1. Previous convictions: Application of the Act and subordinate statutes of inquiry about criminal history (List 7);
1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, and Article 62-2 of the Act on the Punishment, etc. of the Defendant’s favorable circumstances (a confession, a serious reflective and improvement, a relatively low level of alcohol content in blood, a relatively less driving distance), unfavorable circumstances (including the previous conviction in the judgment, and four times the previous convictions of the same kind, and even if the driving without a license was subject to four times criminal punishment, the punishment is determined as ordered by taking into account all of the sentencing factors indicated in the instant case, including the Defendant’s age, sex, living environment, and circumstances after the crime, etc., and taking into account together all the sentencing factors indicated in the instant case.