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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
On July 14, 2009, the Defendant was sentenced to a fine of two million won or more for the violation of the Road Traffic Act (driving) at the Changwon District Court was sentenced to imprisonment with prison labor for one year and six months and two years of suspended sentence, respectively.
On May 26, 2020, the Defendant driven a Fpoter cargo vehicle while under the influence of alcohol 0.241% of alcohol concentration at approximately 50 meters from the 50-meter section of blood alcohol level to E in front of E on the front side of C in Syang City B.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);
1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration and the criminal records of the same kind, but does not repeat a crime in depth, and other circumstances that are conditions for sentencing are taken into consideration);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);
1. It shall be decided as ordered for the reason of probation, community service and order to attend education under Article 62-2 of the Criminal Act or more;