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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 31, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s site for the crime of violation of the Road Traffic Act, and a fine of KRW 2 million at the same court on August 10, 2012, respectively.
【Criminal Facts】
At around 23:00 on March 9, 2020, the Defendant driven a Cregnife vehicle under the influence of alcohol content of about 0.094% from the 1km section to the roads near Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-dong, and up to the roads near the same city B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the drinking water of this case, the criminal records of the defendant's repeated crime, and the disposal of vehicles, and other sentencing conditions under Article 51 of the Criminal Act, which are recorded in the records of this case, including the defendant's age, character, conduct and environment, shall be determined as ordered by comprehensively considering the various sentencing