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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
The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act on January 23, 2007 in the Changwon District Court Jinwon Branch, and on December 9, 2008, sentenced to a suspended sentence of KRW 4 months for the same crime on December 9, 2008, and was issued a summary order of KRW 7 million for the same crime on October 30, 2015.
On July 17, 2019, at around 06:45, the Defendant driven a Karen Passenger Car with the blood alcohol concentration of 0.030% in a section equivalent to 4km from the front road located in the same city C until D in the front road in the same city C.
Accordingly, Article 44 (1) of the Road Traffic Act was violated not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Previous records of judgment: Criminal records, inquiry reports, and application of related Acts and subordinate statutes;
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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (including particulars of driving, blood alcohol concentration, health condition, etc.);
1. Order to attend lectures: Article 62-2 of the Criminal Act;