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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 December 23, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court’s Young-gu District Court’s territorial support.
[2019 Highest 159] Around 00:22 August 28, 2019, the Defendant driven a Dcopic car in the state of alcohol alcohol concentration of approximately 0.117% from the 2km section to the front road of the bus platform located in the highest 1stm of the same military north-Myeon from the Do in the front of the city bus platform in the same Do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
[2019 Highest 172] On September 18, 2019, the Defendant driven a Dococ car in the state of alcohol with the blood alcohol concentration of 0.030% from the front parking lot in front of the restaurant where the trade name in the Gyeongjin-gun, Chungcheongnam-gun, North Korea is unknown to the same 4km village in the same military.
As a result, the Defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
[2019 Highest 159]
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the whistle;
1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (report on the confirmation of the same kind of power);
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the whistle;
1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;
1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation, community service order and order to attend lectures under the Criminal Act;