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A defendant shall be punished by imprisonment for a term of one year and two months.
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 November 28, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and KRW 1.5 million as a fine in the same court on March 14, 2016, respectively.
【Criminal Facts】
On February 1, 2020, at around 01:28, the Defendant driven the Ecopic car under the influence of alcohol concentration of about 0.137% from the front line of “C” in Gwangju Mine-gu, to the front line of the same Gu D. D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of investigation report (Attachment to summary order of the same kind of suspect's power) (limited to summary order);
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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.