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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
[criminal power] On October 27, 201, the Defendant was punished for a violation of the Road Traffic Act (driving) including being sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on October 27, 2011.
【Criminal Facts】
On October 11, 2019, at around 00:25, the Defendant driven a DNA-learning car while under the influence of alcohol 0.144% in the two km section from the front Do to the front road of the building C in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, family relationship, blood alcohol concentration (0.14%) of this case and the circumstances before and after the crime, etc.
An unfavorable circumstance: A normal situation in which the defendant has been punished twice for the same crime: The defendant is led to confession and reflect, and there is no record of punishment exceeding the fine.