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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 June 29, 2007, the Defendant is a person who has received a summary order of a fine of KRW 2.5 million from the Seoul Western District Court as a crime of violating the Road Traffic Act.
【Notwithstanding the fact of crime, the Defendant, at around 22:40 on March 27, 2020, driven the EM6 car from approximately two kilometers in approximately two kilometers on the roads near C in the Mayang-si, Annyang-si, Annyang-si, Annyang-si, in the state of alcohol concentration of 0.150%.
Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report, report on the circumstantial statement of a driver of a driving school, investigation report (report on the circumstances of an employee of a driving school), and confirmation certificate of measurement of alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, summary orders of criminal records of the same kind of crime, and application of statutes to which judgment is attached;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The details and punishment of traffic-related criminal records, including drinking driving, etc. in the past with the reason of sentencing under Article 62-2 of the Criminal Act, interval from the former, drinking volume in this case, the background of the crime, circumstances after the crime, etc.