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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power Defendant was issued a summary order of KRW 1 million on December 29, 2015 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s New District Court’s branch on December 29, 2015. [The Defendant, on May 3, 2020, driven an Ework or other car under the influence of alcohol 0.107% of alcohol content from the 2km section of approximately 2 km to the above D convenience parking lot via the roads in front of the above D convenience store located in C.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A), previous records of disposition, and results reports of confirmation Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of blood alcohol concentration and circumstances, etc. leading to drinking);
1. Order to attend lectures under Article 62-2 of the Criminal Act;