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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”
Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.
The Defendant issued and confirmed a summary order of KRW 1,00,000 on March 9, 2007 (see, e.g., evidence No. 66 of the evidence record) with a fine of KRW 2,50,000 on December 26, 2007 (see, e.g., evidence No. 64th of the evidence record) by the Suwon District Court issued and confirmed a summary order of KRW 2,50,000 on the ground of a violation of road traffic law at the Seocheon District Court on December 26, 2007 (see, e.g., the evidence No. 62th of the evidence record).
Criminal facts
The facts charged by the Defendant on September 28, 2020 indicated that this part of the facts charged by the Prosecutor around 19:00 stated as “19:25 on September 28, 202,” but it can be seen as a clerical error.
In the blood alcohol concentration of 0.158% (see, e.g., evidence record No. 14 pages) under the influence of alcohol, the Defendant driven D Mart Motor Vehicle over approximately 2km section from the front of the “Gongcheon-gu, Chuncheon-si,” “C” located in Chuncheon-si B to the front road of the “A” building located in Chuncheon-si (see, e.g., evidence record No. 35 pages). Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs and inquiries about the results of crackdown on driving alcohol;
1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history (the name of the real estate shall be stated as the result of inquiry) and of a summary order five copies of the summary order;
1. Relevant legal provisions and the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) regarding criminal facts.