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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 May 13, 2008, the Defendant received a summary order of a fine of two million won as a crime of violation of the Road Traffic Act at the Seoul Central District Court.
[Criminal facts] On January 12, 2020, at around 20:45, the Defendant driven a FMW car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.202% from the 100-meter section to the front road of “E” located in Daejeon Seo-gu B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;
1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;