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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 12, 2017, the Defendant was sentenced to a fine of KRW 3,000,000 as a crime of violation of road traffic law at the Suwon Flag Flag, and on March 28, 2018, the Defendant was sentenced to a fine of KRW 5,00,000 for the same crime at the same court.
[2] On December 1, 2020, the Defendant: (a) from the frontway in Gwangju-gu, Gwangju-gu to the E-mail route in Gwangju-gu, the Defendant driven a F-learning car at approximately 100 meters alcohol labor 0.062% during blood, and violated the provision prohibiting driving under the Road Traffic Act two times or more.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol (10 pages of investigation records);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 555 (1) 3 of the same Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;