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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 October 28, 2015, the Defendant was issued a summary order of a fine of KRW 7 million in violation of the Road Traffic Act in the Gwangju District Court's net order support on October 28, 2015, and has three same criminal records.
At around 14:00 on December 7, 2019, the Defendant driven a Fpoter II cargo vehicle with a blood alcohol concentration of about 0.056% from the 3K section from the front of the road located in D to the front road in D, to the front road in D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report (Attachment to the previous and summary order), and application of Acts and subordinate statutes of a summary order;
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 on the suspension of execution (the previous and three times but no previous convictions exceed the fine, and the blood alcohol concentration level, etc.);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;