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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
On December 17, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law at the Gangnam Branch Branch of the Chuncheon District Court, and on July 26, 2013, the Defendant received a summary order of KRW 4 million as a fine for the same crime in the same court.
On November 19, 2017, the Defendant driven B 5 car under the influence of alcohol level of about 0.133% in blood alcohol level from the 24km section to the 2 tunnel of the East Sea, which is located in the 24km of the same city, from the road before the coastline frequency of 7 o-ro 5 o-ro, Gangseo-si, Gangnam-si (Dong Dong school) to the 7 o-ro o-ro o-ro.
As a result, the Defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle under the influence of drinking in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement C, D, and E;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the stay of execution (In consideration of the fact that there is no criminal history exceeding a fine, etc.);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;