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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 four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 6, 2008, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a crime of violation of the Road Traffic Act, etc. at the Gwangju District Court, and on October 27, 2015, issued a summary order of 2 million won by the Gwangju District Court for a crime of violation of the Road Traffic Act.
On January 8, 2020, at around 21:55, the Defendant driven DNp vehicle under the influence of alcohol level of about 0.074% in the 1km section from the site site distance near Gwangju Northern-dong to the roads near Gwangju Northern-dong.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Requests for appraisal;
1. Previous records of judgment: Criminal records, etc., inquiry reports, four copies of summary order, and application of Acts and subordinate statutes of one written 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. The sentence of a suspended sentence of imprisonment is to be imposed on the grounds of the sentencing of Article 62-2 of the Criminal Act, taking into account the blood alcohol concentration at the time of the instant crime, the background of the drunk driving, and the distance and place of the drunk driving at the time of the instant crime. However, considering that the Defendant repeats the same kind of crime, the period of the suspended sentence shall be four years and the order to attend community service and compliance driving lecture shall be issued.