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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
[Criminal Power] On December 21, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on December 21, 2007.
【Criminal Facts】
On July 21, 2020, at around 23:48, the Defendant driven a frop car in the state of alcohol alcohol concentration of about 5 km from the front point of “C” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the front road of “E” restaurant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and reporting results of confirmation of the same kind of case;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the subject of the instant disposition, the same power of the accused, the accused’s environment, etc.