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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 of the final judgment.
Reasons
Punishment of the crime
On November 12, 2015, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on November 12, 2015.
Criminal facts
On May 20, 2020, at around 00:27, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.152% from the 2km section from the parking lot located in the Gu B during the Gyeonggi-si, to the school building distance in the same Gu.
As a result, the Defendant violated the prohibition of drinking driving, but again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Scenic photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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. Social service order under Article 62-2 of the Criminal Act;