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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 Nov. 11, 2008, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on November 11, 2008. On April 1, 2016, the Defendant received a summary order of KRW 3 million for the same crime at the same court.
【Criminal Facts】
On September 30, 2019, the Defendant driven a D Bridge car with a blood alcohol content of about 0.139% from the 500-meter section from the Yannam-si Bridge parking lot to the front road of Boan City, Chungcheongnam-si.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Taking photographs after a Kakao road map, processing reports 112 cases, and notification of the results of the drinking driving control;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), investigation reports (verification of the records of the same kind of drinking driving, etc.);
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. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order are the same as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the following facts: (a) the defendant has been sentenced to a fine twice due to drinking driving; (b) the record of having been punished for driving without a license is four times; and (c) at the time of detection of the fact that the drinking level and the distance of drinking driving was high; and (d) the unfavorable circumstances and the distance of drinking driving, such as the fact that the defendant's age, character and behavior, the environment