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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 July 31, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on July 31, 2007, a fine of one million won for the same crime in the same court on February 12, 2009, and three million won for the same crime in the same court on September 30, 2009, respectively.
【Criminal Facts】
On February 8, 2013, at around 20:05, the Defendant driven a motor vehicle with Crest in the two kilometers from the roads front of the Doksan Doksan Central Dok-dong to the roads front of the same Sinsan Dokdong-dong, in a state of under the influence of alcohol by 0.122% of blood alcohol concentration.
Summary of Evidence
1. The defendant's legal statement, protocol of police statements made to D, and statement on the state of his driver's license;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (informating a copy of judgment);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act of the suspended execution (Considering that serious reflects and previous records of drinking driving will be prior to the enforcement of the amended Road Traffic Act, etc.);
1. Probation and community service order under Article 62-2 of the Criminal Act;