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A defendant shall be punished by imprisonment for a term of one year and two months.
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 November 12, 2014, the Defendant was issued a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch Branch on November 12, 2014.
【Criminal Facts】
On July 19, 2019, at around 00:25, the Defendant driven a Dmp car in the state of alcohol alcohol concentration of approximately 13 km from the festest 13 km section to the front of the Guang City C in the Young-si, Suwon-si, Suwon-si.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1), (2);
1. Notification of the control of drinking driving;
1. Papers of measurement records of drinking alcohol;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the same criminal records against suspects);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (one time a fine is imposed for a violation of the Road Traffic Act, in 2014, or one time a fine is imposed for a violation of the Road Traffic Act, in 2018, and one time a fine is imposed for a violation of the Road Traffic Act, but the degree of drinking again is very serious, but there is no criminal record exceeding the fine, etc.);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;