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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 April 27, 2007, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on April 27, 2007, a fine of two million won as a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Gwangju District Court on October 26, 2007, and a fine of five million won as a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Gwangju District Court on June 10, 2015.
On November 26, 2019, at around 21:42, the Defendant driven a DK9 car in a drunken state with a blood alcohol concentration of about 0.105% from the Cmate parking lot located in Shyman City B from around 2km to the next road of the city school in the same city.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same criminal records), and application of three copies of written judgments;
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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act shall be taken into account
1. Order to attend lectures under Article 62-2 of the Criminal Act;