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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Around September 19, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on September 19, 2008, and on September 25, 2009, the same court was sentenced to imprisonment for a violation of the Road Traffic Act.
【Criminal Facts】
On October 13, 2014, around 23:15, 2014, the Defendant driven C driver’s vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.214% from the 100-meter section from the front day of a mutually influent restaurant located in the summer-si city to the eliminc road located in the same Dong.
Summary of Evidence
Application of Acts and subordinate statutes to Defendant’s legal statements, reports on detection of host drivers, inquiry reports, and copies of written judgments
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
2. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that a traffic accident occurs while driving under the influence of alcohol in this case and that the defendant was seriously injured, that five or more years have elapsed since the last punishment was imposed, and that the mistake was seriously reflected).
3. Probation and community service order under Article 62-2 of the Criminal Act;