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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2] On February 8, 2007, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of road traffic law (driving) at the Chuncheon District Court. On July 17, 2009, the Defendant issued a summary order of KRW 2,50,000 to a fine for the same crime at the Seoul Northern District Court. On September 28, 201, the Defendant issued a summary order of KRW 1,00,000 to a fine for the same crime.
[Criminal facts] On November 2, 2020, the Defendant driven a E- Ra-car under the influence of alcohol content of about 0.084% in blood at approximately 50 meters from the front of the C cafeteria, which is located in D, Gangwon-gu, Gangwon-do, Seoul, to the front of the D cafeteria to the front of the D.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Arresting the accused's legal statement, reporting on the situation of the driver in charge, and inquiry into the result of crackdown on drinking;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the attachment of the same summary order to the same employed person), application of the statutes governing summary orders;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition in view of the following: (a) the reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures; (b) the degree of alcohol concentration; (c) the driving background and distance; and (d) the Defendant’s previous convictions and three times the same; and (c) there is no personal damage.