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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 August 1, 2012, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on August 1, 2012, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving) in the same court on May 15, 2014.
On August 1, 2020, at around 04:24, the Defendant driven a DNA car under the influence of alcohol concentration of approximately 0.127% from the 5km section of the Gwangju Mine-gu to the front road of the 11th metropolitan mail concentration station, from the roads near the Gwangju Mine-gu, Gwangju Mine-gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and summary order 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 sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.