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A defendant shall be punished by imprisonment for a term of one year and two months.
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 July 26, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court.
On October 16, 2019, at around 23:20, the Defendant driven DCA 110 Orala in the state of alcohol alcohol concentration of approximately 0.084% from the 1km section of approximately 1km to the 4-14 Oralari-ro from the vicinity of the Chigh School located in Pakistan-si B to the 4-14 Oralari-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report, on-site photograph, report on the circumstances of a drinking driver, investigation report, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, 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. Order to attend lectures under Article 62-2 of the Criminal Act;