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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 March 10, 2011, the Defendant issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on March 10, 201.
On May 29, 2020, around 01:34, the Defendant driven BMW car at approximately 1 km section from the Gam Book Library, which was located on 14-gil 2-ro, Macheon City Auditor, to the front road of the Yannam Elementary School located on 2-ro, Macheon-si, in a state of alcohol alcohol concentration of approximately 0.197%.
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. To check the result of the control of drinking driving (Evidence No. 14);
1. Previous convictions in judgment: Application of criminal records, reply reports, and summary order under Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1,
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;