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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
[criminal power] On September 7, 2010, the Defendant received a summary order of KRW 2.5 million from the Cheongju District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act. On October 28, 2014, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.
【Criminal Facts】
On April 27, 2019, at around 22:30, the Defendant driven a D window-car while under the influence of alcohol concentration of about 0.089% from the front of the Chungcheongnam-gun B, Chungcheongnam-gun to the front of about 200 square meters away from the Act on the Construction and Management of Agricultural Products.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the situation of drinking drivers, and investigation report;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); imprisonment (four times, etc. of records of sound driving and of punishment of escape vehicles);
1. Article 62 (1) of the Criminal Act (the timing of the same kind of electricity and the degree of drinking, etc.);
1. Social service order under Article 62-2 of the Criminal Act;