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A defendant shall be punished by imprisonment for one year.
except that 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
On May 20, 2011, the Defendant was issued a summary order of a fine of 3.5 million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.
around 22:00 on November 7, 2019, the Defendant driven an EXE car under the influence of alcohol concentration of about 0.084% at the section of approximately 1k from the Do in front of the C in Sinpo City B to the road in front of the Donpo-si in Sinpo-si.
Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, investigation report, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of a summary order of the same kind to a suspect), and application of one copy of a summary order under Acts and subordinate 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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the strict consideration of all the factors for sentencing as shown in the records and arguments, including the degree of punishment, is against mistake, the fact that there is no record of crime exceeding the amount of fine, and the fact that there is no record of crime beyond the amount of fine, as well as the degree of punishment;