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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
On October 21, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net order in the case of violation of the Road Traffic Act.
On November 23, 2019, the Defendant driven an EM5 vehicle under the influence of alcohol by 0.060% in a section of approximately 200 meters from the Do adjacent to C Hospital in the Net City B to the D Road in the 18:47, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of any suspected violation of the Road Traffic Act;
1. 112 reported case handling table;
1. Notification of the control results of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, etc., an inquiry report, an investigation report (same previous records and a summary order being attached), and application of Acts and subordinate statutes attached to two summary orders;
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 (limited to the previous case but not exceeding the fine, and considering the fact that there was no previous offense after 2008, the blood alcohol concentration and driving distance, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;