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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 March 31, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court on March 22, 2010, a fine of KRW 2 million as the same crime from the Changwon District Court on March 22, 2010, and a fine of KRW 5 million from the Changwon District Court on September 19, 2016 from the Changwon District Court on September 19, 2016.
At around 06:20 on July 16, 2019, the Defendant driven a C-learning car under the influence of alcohol of about 0.052% of alcohol concentration at a section of about 35 km in front of the South Sea Highway, which is located in the Hanan-gun Eup in the Hanan-gun, Gyeongnam-si.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol by a person who has violated two or more times.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the regulation of drinking driving, a report on the circumstances of driving driving under the influence of alcohol, and an investigation report (report on the circumstances of a drinking driver);
1. Previous records: Application of criminal records, inquiry reports and summary order-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. Suspension of execution: Article 62 (1) of the Criminal Act (the details of driving, the environment of the accused, etc. has been disposed of vehicles recognized and driven);
1. Orders to provide community service or attend lectures: Article 62-2 of the Criminal Act;