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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
On April 20, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 1 million by the same court on October 16, 2018.
On October 7, 2019, at around 21:53, the Defendant, while under the influence of alcohol, driven the EM5 vehicles from the Y-si Budio to the roads adjacent to D High School located in the same Si C, under the influence of alcohol level of 0.136%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of second-class Acts and subordinate statutes to the criminal history records, investigation reports, and copies of summary order;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (with regard to the fact that a person drives a motor vehicle in a long time even though he/she was punished three times due to drinking, etc., he/she also drives a motor vehicle; the blood alcohol concentration is higher than 0.136%; the defendant'
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, the fact that the crime is not punished heavier than the fine due to drunk driving, and other consideration given to the defendant's age, character and conduct, etc.);
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;