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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 October 19, 2015, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
On August 28, 2020, at around 00:01, the Defendant driven a C G80 car in the state of alcohol alcohol level of about 0.150% from the public parking lot adjacent to the king 2-dong Office, Seoul Metropolitan City Ordinance (6), to the 1km B apartment road.
Accordingly, the defendant violated the prohibition of drinking driving more 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 influence of drinking driving (Evidence No. 10);
1. Previous convictions in judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;
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 Decisions 201Do1119, Jan. 1,
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;