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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 August 29, 2019, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Jung-gu District Court on August 29, 201.
On July 1, 2020, at around 03:35, the Defendant driven a F SP car in the state of alcohol alcohol concentration of about 300 meters from the roads near Yangju-si B, CP station, to the roads front of the Yangju-si D and EF store, under the influence of alcohol concentration of about 0.16%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (A) and criminal records, etc.;
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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case even though he had the same criminal record, the same criminal record is the most recent, the defendant's blood alcohol concentration was considerably high, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered in consideration of the sentence conditions