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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 28, 2001, the defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws in the Changwon District Court's Tongwon District Court's territorial branch on March 28, 2001. On May 20, 2003, the defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws. On December 29, 2008, the defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws.
【Criminal fact-finding on December 19, 2017, the Defendant driven a rocketing car under the influence of alcohol content of about 0.107% in the 4km section from the front of the D cafeteria located in Manyang-si C to the front of the same Mandong at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and text of judgment;
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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include that the defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime and that there are many criminal records of the same kind of crime. Meanwhile, the last punishment was imposed in 2008, which is relatively old, and the defendant reflects his gender, and other circumstances shown in the arguments of this case, including the defendant's age, sexual behavior, family relationship, environment, circumstances and result of the crime, etc., shall be comprehensively considered and determined as ordered.