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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 November 25, 2013, the Defendant was issued a summary order of KRW 1,500,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.
On September 6, 2020, at around 06:01, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.138% at the 1km section from the front side of the flasium in the city of Kimhae-si to the front side of the flasium in the same city of the same city.
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. Report on the circumstantial statements of a drinking driver, notification of the control of drinking-driving, and photographs;
1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving background, and previous convictions) takes into account as a major sentencing factor, and the fact that the defendant is expected to recognize and not to make another mistake again, and that he/she is expected to do so, 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, such as the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the premise that he/she faithfully performs the community service work.