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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 became final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 9, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On January 8, 2020, at around 14:18, the Defendant driven a DNA cargo vehicle with approximately 58 km alcohol concentration of 0.104% in the section from the Seo-gu, Seo-gu to the front road of the Jeonnam-gun, Seoul.
Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and report on the control of drinking driving;
1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and 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;