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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 February 6, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for the same crime at the same court on June 3, 2014, respectively.
Although the Defendant was punished as a crime of violating the Road Traffic Act at least twice as above, on December 18, 2016, at around 23:37, the Defendant driven a B low-speed car under the influence of alcohol content of about 0.197% from the 1km section to the front day of the luminous-dong located in the same Gupo-dong from the vicinity of the Danco apartment in Busan Northern-dong, to the front day of the same Gupo-dong.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she has violated the prohibition of drinking more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) two times after 2007, and two times after 207, before and after her driving without a license.
At the time of the instant crime, the degree of commission is very significant.
However, the punishment as ordered shall be determined by taking into consideration the fact that the defendant reflects the crime, the fact that there is no criminal record exceeding the fine, the age, character and conduct, environment, etc. of the defendant together