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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 13, 2007, the Defendant issued a summary order of KRW 3 million for a fine of KRW 3 million for a violation of the Road Traffic Act (driving on April 16, 2007), a fine of KRW 1.5 million for the same crime at the same court on February 20, 2009 and a fine of KRW 3 million for the same crime, etc. at the same court on February 20, 2009. On April 10, 2009, the Defendant was sentenced to a suspended sentence of KRW 3 years, community service order, and order to attend the course for eight months with imprisonment for the same crime at the Seoul Northern District Court on April 10, 2009.
On July 22, 2013, the Defendant was under the influence of alcohol of 0.104% in blood alcohol concentration on July 22, 2013, and was driving CM3 car driving at a three-meter section of the road in front of the Gyeonggi-gu Saemaul Cooperative, Yangyang-gu, Gyeonggi-gu, Yangyang-gu.
Summary of Evidence
1. Each legal statement of witness D, E, F, and G;
1. A traffic accident report;
1. A traffic accident occurrence report;
1. A report on detection of a host driver;
1. Investigation report (compiled compilation of video data);
1. The CD;
1. Previous records of judgment: Application of inquiry reports and investigation reports (reports attached to the same criminal records and the same criminal records) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Suspension of execution under Article 62 (1) of the Criminal Act (The distance of driving under the instant case is extremely short, and the place and circumstances of driving, etc. shall be taken into account);
1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,