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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 4, 201, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Seoyang Branch on November 4, 201.
[2] On February 22, 2021, the Defendant driven a D New Zealand-packing car under the influence of alcohol content of about 1.5 km from the front side of a bus terminal located in the Dong-gu, Chungcheongnam-si around 22:40 to the front road located in the Gyeongyang-si, Gyeongyangyang-si, Seoul.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking and report on the situation of the driver of drinking;
1. Criminal history: Inquiry into criminal history, confirmation of investigation (same-class record), and application of summary order-related Acts and subordinate statutes;
1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (in light of the blood alcohol concentration and the record of the same kind of crime, etc., if the case is not exceptionally against the crime, the fact that the crime is not committed in depth, and that the case does not repeat again, and that all other circumstances, which form the conditions for sentencing as specified in the records and arguments of this case, are taken into consideration);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;