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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
In the Seosan Branch of the Daejeon District Court on November 10, 2006, the Defendant has been subject to punishment twice or more due to drunk driving, such as: (a) a summary order of KRW 3 million for a violation of the Road Traffic Act; (b) a summary order of KRW 5 million for the same crime in the same court on April 24, 2015; and (c) a summary order of KRW 7 million for the same crime in the same court on April 15, 2016; and (d) a summary order of KRW 7 million for the same crime.
On April 27, 2019, at around 17:40, the Defendant driven a D 2km truck from around the road near the residence of the Defendant in Thai-gun B to the front road of Taean-gun C, while under the influence of alcohol with a blood alcohol content of 0.189%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements, investigation report, and notification of the results of drinking control;
1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the contents of the criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the time and frequency of the crime, the blood alcohol concentration, the distance from drinking driving, the existence and conduct of traffic accidents and the age of the accused, character and conduct, environment, family relationship