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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 March 26, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 26, 2009.
【Criminal Facts】
At around 22:00 on May 8, 2020, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 100 meters alcohol concentration 0.277% in the section of approximately 100 meters from the Do in front of the “C” main point in Western City B to the “E” restaurant in Chungcheongnam-si, Chungcheongnam-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and a request for appraisal;
1. Application of Acts and subordinate statutes to a report on criminal records, etc., the previous records, and results of verification;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;