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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 January 16, 2018, the Defendant was issued with an electronic summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
Although the Defendant violated the prohibition of drunk driving, on January 19, 2020, at around 21:20, the Defendant driven CPoter-II in the state of alcohol with approximately 3 km from the front of the residence in Scheon-si B to the front of the 1238th 6th Gun, to the front of the same Hocheon-si, while under the influence of alcohol with approximately 0.067% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the report on the status of driving under drinking, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again commits the crime of this case in spite of his previous convictions of the same kind, and the same criminal record is the most recent, the defendant's blood alcohol density, his age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case such as circumstances after the crime shall be determined as ordered