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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
[criminal power] On March 11, 2015, the Defendant received a summary order of a fine of five million won due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 06:00 on January 24, 2020, the Defendant, while under the influence of alcohol of 0.163% of blood alcohol concentration, operated a DNA car from the front day of the militaryposi, to the front day of the military apartment in the militaryposi.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. E-building parking lot ctv images closures;
1. Investigation report (official application of the Ba mark);
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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;