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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 August 20, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court Seosan Branch on August 20, 2007; on February 16, 2010, to a summary order of KRW 3 million for the same crime from the Hongsung Branch Branch of the Daejeon District Court on February 16, 201; and on July 1, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court.
On March 5, 2019, around 04:10 on March 5, 2019, the Defendant driven a D New Zealand-lurged car with approximately 3km alcohol concentration of about 0.197% from the road in front of the dwelling of the Defendant in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the road in front of Chungcheongnamcheon-gun, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Criminal records, reply reports, and application of three copies of written judgments;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment;
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing);
1. As a matter of principle, a serious punishment is required since a person repeats a crime without being able to do so even though he/she had a previous conviction due to a life accident in the course of driving under the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, including a previous criminal punishment
However, the punishment shall be determined as ordered in consideration of the favorable circumstances such as the reflection of the punishment, the occurrence of no special damage by a crime, and the fact that there is no record of punishment by imprisonment.