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A defendant shall be punished by imprisonment for one year.
except that 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
On July 6, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Central District Court due to a violation of the Road Traffic Act.
Nevertheless, around 01:55 on October 12, 2019, the Defendant driven a DNA strawing car under the influence of alcohol content of about 0.144% at the 3km section from the front of the Cju store located in Yong-gun, Youngnam, to the front of the entrance of the Korea Agricultural Museum 13-3, Samho-gu, Samho-si, the same military branch, Samho-do.
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The circumstantial statement of a drinking driver, the report on the circumstantial statement of a drinking driver, the report on blood collection and confirmation, the report on the control of drinking driving (the result of measurements), the report on the request for appraisal and the report on the assessment of blood alcohol (2019-W-657), the report on the control of drinking driving (the results of blood collection), the report on the 112 reported case register, and the investigation report;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same type of power), criminal records, and reply reports on criminal records;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. In light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act was not only nine years prior to the suspension of execution, but also one meter of a motor vehicle under the influence of alcohol, and that there is no punishment heavier than the fine so far, the punishment shall be determined as stated in the disposition and the execution of the sentence shall be suspended only once.