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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 May 29, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on May 29, 2014, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court on October 23, 2015, respectively.
On August 1, 2019, under the influence of alcohol of 0.035% by blood alcohol level, the Defendant driven a Drocketing car at a approximately 5km section from the Do in front of the C cafeteria located in Jung-gun B to the front road of the Southern C Do in the same Do of Goung-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act (the existence and frequency of the same kind of power, interval with the immediately preceding same kind of power, and the previous crime committed by causing a traffic accident while driving under influence of alcohol, etc.), the nature of the crime of this case, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the details of regulating the crime of this case, the reflectivity of the defendant, family relations, etc., shall be comprehensively considered and determined the same sentence as the order.
It is so decided as per Disposition for the above reasons.