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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On April 24, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on April 24, 2009, and a summary order of KRW 4 million for the same crime at the Changwon District Court on December 9, 2013.
【Criminal Facts】
On April 11, 2019, at around 04:00, the Defendant driven at the 20m section in the 1stalian public parking lot in the 1stalian-ri-dong in the Yung-ri-ri-ri-dong in the state of alcohol of 0.185% of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Place where the drinking alcohol measurement is recorded;
1. Previous convictions in judgment: Application of inquiries, such as criminal records, and of Acts and subordinate statutes attached to summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. Even though the reason for sentencing under Article 62-2 of the Criminal Act was already the same, recidivism was committed several times, and the blood alcohol concentration was not low.
Many physical damage has also been caused.
However, since there are no past records exceeding fines and there are favorable circumstances for the accused, the punishment shall be determined by integrating them.