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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
[Criminal Power] The Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court Support on October 15, 2014 and was sentenced to a fine of KRW 20 million for the last 20 years.
【Criminal Facts】
On April 7, 2020, the Defendant driven a EM car in the state of alcohol alcohol concentration of about 0.083% at the 20km section from the front of his house located in Jeong-Eup, the city of Jung-si to the parking lot for the members of the DG located in the same city of Ku-Eup.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The actual survey report on traffic accidents;
1. On-site photographs;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. A report on internal investigation (e.g., details of measuring alcoholic beverages);
1. A detailed statement of 112 reported cases processing;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the period of suspension of execution of eight months, including refusal to measure alcohol on September 24, 2009; (b) the period of suspension of execution of eight months, including a fine not exceeding one million won for driving without obtaining a license on June 16, 2008; and (c) the period of suspension of execution of execution of one million won, including a fine not exceeding one million won for driving without obtaining a license on June 12, 2008; and (d) a fine not exceeding one million won for driving without obtaining a license on October 16, 2008; and (d) a fine not exceeding two years, including a fine not exceeding one million won for driving without obtaining a license on June 15, 2013;