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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
On March 22, 2019, at around 01:28, the Defendant driven a Fluent vehicle with a blood alcohol content of 0.266% in a section of approximately 300 meters from the road in which the C cafeteria located in the Chungcheongnam-gun B, Chungcheong-gun to the front distance in the Eth. D.
Summary of Evidence
1. Defendant's legal statement;
1. An accident site photograph;
1. A traffic accident report (1) (2);
1. Application of Acts and subordinate statutes governing requests for appraisal;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act committed a second offense only for three years after having been issued a summary order due to drinking driving in 2016. This case’s blood alcohol concentration is very high, and the blood alcohol concentration at the time of the previous drinking driving is very high (0.159%). The occurrence of an accident. Taking into account these circumstances, a person is selected to be sentenced to imprisonment, taking into account the crime history (one time before and after the commission of a fine), circumstances after the commission of a crime, and other sentencing conditions.