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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 25, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support.
On August 28, 2020, while under the influence of alcohol around 0.244%, the Defendant driven a motor vehicle with Down Pested on the road at approximately 3 km away from C’s house located in the Jeonbuk-Eup-si, Jeonbuk-gu, Seoul, to the bottom of the Carmocheon, in the same city, from around 0.24% of blood alcohol level to C’s house in the same city.
As a result, the Defendant violated the Road Traffic Act prohibition provisions at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. A report on internal investigation:
1. Previous convictions in judgment: Criminal history records, inquiry reports, confirmation of criminal records, and copies of summary order Acts and subordinate statutes shall apply;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The execution of a sentence shall be postponed on the condition of community service order or order to attend a lecture, taking into consideration the fact that the number of blood alcohol content for sentencing under Article 62-2 of the Criminal Act is very high, that the driving distance is not long, that enforcement circumstances (not for an accident, but for a police officer called out after receiving a report of dispute due to ordinary problems under the influence of alcohol), and that the vehicle is disposed of, and that it is one time before the previous conviction of the same crime, etc.