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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 of the final judgment.
Reasons
Punishment of the crime
On January 5, 2009, the Defendant received a summary order of fine of two million won for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court, on November 22, 2013, a summary order of fines of 1.5 million won for the same crime at the Seoul Central District Court, and on November 28, 2014, a summary order of fine of five million won for the same crime, etc. at the Suwon District Court Ansan Branch.
As above, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, driven approximately two meters of a d SM5 car while under the influence of alcohol concentration of 0.066% on the roads in front of the Gu C in Ansan-si around 04:32 on June 2, 2020.
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. Notification of the control of drinking driving;
1. A photograph of a visual data closure;
1. Previous convictions indicated in judgment: Application of criminal history records, reply reports, and statutes attached to evidentiary materials (a summary order of the same kind of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;