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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On March 27, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on March 27, 2007, and a summary order of KRW 3 million for the same crime in the same court on May 27, 2013.
【Criminal Facts】
On August 17, 2019, at around 01:38, the Defendant driven BMW car at approximately 700 meters away from the front of the Gecheon-dong ecological tunnel to the front of the same Siro-dong ecological tunnel.
Accordingly, the defendant has driven Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report (Attachment to the previous and summary order), and application of Acts and subordinate statutes of a summary order;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions unfavorable to the defendant who recognizes his/her mistake shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, circumstances after the crime, etc., which are shown in the arguments of this case, including the fact that the defendant has the history of criminal punishment for the same kind of crime, and other various sentencing conditions shown in the