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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 February 23, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and KRW 1 million as a fine for a violation of the Road Traffic Act at the Busan District Court on April 28, 2017.
Criminal facts
On March 10, 2020, at around 07:10, the Defendant driven D Poter truck from approximately 300 meters away from the 300-meter section to the front road located in Kim Jong-si, Kim Jong-si, Kim Jong-si, in the state of alcohol alcohol concentration of 0.142%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, confirmation, application of Acts and subordinate statutes to investigation reports (same type of crime records);
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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures has already been two times the criminal records of the defendant, and this case was found to have been caught by the defendant while driving under drinking, and if the defendant was driven as is, it could have been caused by a big accident. On the other hand, the fact that the defendant's mistake is recognized, and that he will not repeat again, and the punishment is determined as ordered in consideration of the various circumstances shown in the trial of this case.