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A defendant shall be punished by imprisonment for one year.
except that 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 December 11, 2008, the Defendant received a summary order of 2,500,000 won as a fine for a violation of the Road Traffic Act from the Seoul Southern District Court.
On July 12, 2020, the Defendant, while under the influence of alcohol one or more times, driven a sports car in Cco-do under the influence of alcohol with a blood alcohol content of about 0.131% from the north side of the 1km Station, which was located in Seocheon-si Station 1, Seocheon-si, Seocheon-si, to the front road of Seocheon-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less 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 and investigation reports (Attachment to summary orders of the same kind of electricity);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment exceeding a fine and the attitude against the suspended sentence);