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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 23, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Gyeyang Branch of the Suwon District Court for the violation of the Road Traffic Act. On October 24, 2019, the Defendant was issued a summary order of KRW 2,50,000 as a fine from the Incheon District Court’s Vice Branch of the Incheon District Court for the same crime.
【Criminal Facts】
On October 9, 2019, around 07:30, the Defendant driven a car with albin B, while under the influence of alcohol concentration of about 0.129% from the 2km section of approximately 2km from the roads near Seo-gu Incheon Seo-gu, Seo-gu, Incheon, Seo-gu to the roads in front of the Kamamambian.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (before and after the same kind of drinking alcohol) Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;