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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] The prosecutor stated in the indictment that the defendant was issued a summary order of KRW 1.5 million by the Incheon District Court on September 4, 2003 due to the violation of the Road Traffic Act (driving). However, the above crime is a crime before June 1, 2006, and thus deleted.
On July 4, 2006, the Defendant received a summary order of KRW 2.5 million from the Seoul Northern District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the Suwon District Court due to a violation of the Road Traffic Act (driving on September 3, 2010).
【Criminal Facts】
On December 6, 2019, at around 14:40, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol content of about 0.061% at the section of about 52 km from the front of the Yannam-si B to the front of the D, located in Jindo-gun C.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of a drinking driver, the report on the circumstances of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the inquiry into the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, reference reports (A), copies of a summary order [limited to those of the Suwon District Court 2010 High Court 2010 High Court 16696, those of the Act on Special Cases concerning the Settlement of Traffic Accidents, those of the summary order in the case of violation of the Road Traffic Act (28-29 pages of investigation records), those of the Seoul Northern District Court 2006 High Court 206 High Court 12732, those of the Act on Special Cases concerning the Settlement of Traffic Accidents, those of the Road Traffic Act, those of the summary order (30-31 pages of investigation records)];
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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act does not enter the facts constituting the crime committed before June 1, 2006.