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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 July 24, 2002, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Jeonju District Court’s Militarysan Branch on July 24, 2002, a summary order of KRW 1 million for the same crime in the same court on February 8, 2012, and a summary order of KRW 5 million for the same crime in the same court on January 20, 2016, respectively.
【Criminal Facts】
On December 29, 2019, at around 15:55, the Defendant driven a C low-speed car at approximately 50 meters away from the Gasan-si B apartment parking lot to the same apartment front road, while under the influence of alcohol by 0.180% of blood alcohol level.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reading report, accident site photographs, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Evidence Nos. 14), application of Acts and subordinate statutes of summary order;
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 grounds for sentencing under Article 62-2 of the Social Service Order Act are recognized and contradictory to the crime of this case, the fact that there is no record of criminal punishment exceeding the fine, the fact that there is a record of multiple times of punishment due to the crime of driving under the same kind of alcohol, and the defendant's age, character and conduct, environment, and all the conditions of sentencing recorded in the records, such as the circumstances before and after the crime of this case