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A defendant shall be punished by imprisonment for one year.
except that 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 July 24, 2018, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch on July 24, 2018.
On December 31, 2019, at around 05:05, the Defendant driven a DSS5 vehicle under the influence of alcohol content of 0.115% at approximately 50km away from the road located in the Seo-gu, Daegu-gu, Daegu-gu, Seocheon-gu, Incheon-do to the front road located in the 93 kilometers of the Gyeongcheon-gu, Seocheon-gu, Incheon-do, Incheon-do at the 50km road.
Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of drinking control;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in violation of his/