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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 March 9, 2007, the Defendant was issued a summary order of KRW 500,000 by the Gwangju District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On June 13, 2020, while under the influence of alcohol at 0.135%, the Defendant driven a sprinkler vehicle on the roads of approximately 200 meters from the front of the Seo-gu, Seo-gu, Gwangju to the front roads located in the same Gu C, while under the influence of alcohol at around 23:15.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous convictions: Application of Acts and subordinate statutes, such as a copy of judgment;
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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.