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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 May 14, 2012, the Defendant issued a summary order of KRW 2.5 million at the Gwangju District Court for a crime of violation of the Road Traffic Act, and KRW 5 million at the same court on October 7, 2013 for the same crime, etc.
【Criminal Facts】
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 02:50 on June 15, 2019, the Defendant driven a ENAS car under the influence of alcohol 0.061% in a section of about 50 meters from the front of the “C” restaurant in Namwon-si B to the front of the Namwon-si D.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous conviction: Application of Acts and subordinate statutes governing the same kind of electric power;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.