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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 May 11, 2015, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic law (driving) in the Changwon District Court’s smuggling support on May 11, 2015.
On November 9, 2020, the Defendant driven a car in E Art XG with approximately 500 meters alcohol concentration at approximately 0.141% while under the influence of alcohol level from around 23:40 to D apartment parking lot located in G, Sinnam-gun.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol, notification of the results of crackdown on driving alcohol, report on the situation of the driver who is to drive alcohol, and investigation report (report on the situation of the driver who takes driving);
1. Criminal history: Inquiry about criminal history, reporting of the past conviction of the disposition, and the application of statutes of the judgment;
1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (in light of the blood alcohol concentration and the record of the same kind of crime, etc., if the case is not exceptionally against the crime, the fact that the crime is not committed in depth, and that the case does not repeat again, and that all other circumstances, which form the conditions for sentencing as specified in the records and arguments of this case, are taken into consideration);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act to provide community service and attend lectures;