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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
[criminal power] On March 24, 2010, the Defendant was issued a summary order of KRW 700,000 by the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on March 12, 2012, a summary order of KRW 5 million was issued by the Jeonju District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On October 25, 2019, at around 20:30, the Defendant driven a FNAS car at approximately 200 meters away from the Do in front of the “Ccafeteria” in Kim Jong-si, to the front of the “E” in Kim Jong-si, while under the influence of alcohol with a blood alcohol concentration of 0.048%.
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 results of crackdown on drinking driving and the circumstantial statement of drinking drivers;
1. Previous records: Criminal records, investigation reports (Attachment of the same criminal records as a suspect), and application of Acts and subordinate statutes of two copies of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking driving.
However, there is no record of criminal punishment except for two times of fines, and there is no traffic accident in favor of the defendant.
Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.