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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 April 27, 2007, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 60,000 for a violation of the Road Traffic Act, and on July 6, 2009, issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court.
【Criminal Facts】
On August 21, 2019, at around 20:30, the Defendant driven a motor vehicle B, while under the influence of alcohol content of about 0.157%, from approximately 5km to the front road of the building distance of the selling household located in the window of Changwon-si, Changwon-si to about 363-gil 11, Changwon-si, the Defendant driven a motor vehicle B, under the influence of alcohol content of about 0.157%.
Summary of Evidence
1. Court statements and statements of the accused;
1. A written statement of the victim;
1. A report on the occurrence of a traffic accident, a report on the actual condition, and photographs;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Each report on investigation;
1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;
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;
1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);