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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 October 28, 2015, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Ulsan District Court.
【Criminal Facts】
On September 25, 2019, around 07:36, the Defendant driven a motor vehicle with a blood alcohol content of approximately 0.069% in the 1km section from the roads near Yongsan-gu Seoul Metropolitan Government to the southwest through the same Gu D, while under the influence of alcohol content of about 1km.
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. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;
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. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than a fine, and the fact that it is hard to prevent a person from committing a crime by committing a reflection, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;