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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 July 17, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court.
Criminal facts
On November 7, 2020, the Defendant driven Dabba in the state of alcohol alcohol concentration of about 0.187% from approximately 5 kilometers in approximately 03:15 to the roads near the window C of the same city from the Do near the Sungwon-si, Changwon-si.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Before the judgment, a statement on the circumstances of the driver at the main driver, an investigation report, and a report on the results of crackdown on drinking driving: Application of the Acts and subordinate statutes governing inquiry, such as criminal history, etc. and investigation reports (the same kind of force);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the Defendant had already had the same record of driving under drinking once despite the reason for sentencing under Article 62-2 of the Criminal Act, the instant crime was committed, and that the blood alcohol concentration was considerably high at the time of the instant crime, the sentence is determined as ordered by taking account of the fact that the Defendant had already had the record of driving under the same kind of drinking.