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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 16, 2016, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
On May 28, 2020, at around 04:00, the Defendant driven C Lasta car in the state of alcohol alcohol concentration of about 0.093% in the section of about 3km from May 28, 202 to the roads in the docheon-dong in the same city.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Making inquiries into the results of the drinking driving control (2020-6-1804-50);
1. Previous convictions in judgment: Application of one copy of a summary order of criminal history records, net thousand assistance, 2016 high-level order, 5997;
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 Decision 62 (1)
1. Order to attend lectures under Article 62-2 of the Criminal Act;