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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 April 15, 2003, the Defendant issued, at the Gwangju District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act; on January 9, 2009, a summary order of KRW 1.5 million as a fine for the same crime in the same court; and on September 21, 201, a summary order of KRW 3 million as a fine in the same court was issued, respectively.
On January 15, 2020, at around 21:08, the Defendant driven a DMW 520d car under the influence of alcohol concentration of about 0.110% in the section from 1.2km to 3rd roads of the same Gu from 21:08.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, etc. and other inquiry reports (A) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The probation, community service, and order to attend the same kind of crime for sentencing under Article 62-2 of the Criminal Act shall be sentenced to a suspended sentence of imprisonment in consideration of the circumstances such as the lapse of a considerable time from the date of the last criminal act of the same kind of crime for sentencing, and the defendant repents his mistake. However, considering the fact that the defendant was punished three times by a fine for the same kind of crime, he again commits the crime of this case, he shall be sentenced to a suspended sentence of imprisonment for three years, and probation shall be subject to probation