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The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal history] The defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on February 25, 2008.
[2] On October 22, 2020, the Defendant violated the prohibition on drinking by driving a Dpoter II cargo in the state of alcohol alcohol concentration of about 0.110% from the front side of the bankruptcy Dong community welfare center located in 12 as the bankruptcy of Gwangju Mine on October 22, 2020 to the front side of the C-ro located in Gwangju Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts
1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of a small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount above shall be repeatedly considered);