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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
On May 8, 2018, the defendant was issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act in the Gwangju District Court's net support on May 8, 2018.
On June 25, 2020, at around 22:25, the Defendant driven a D low-speed car in the state of alcohol of about 0.113% alcohol concentration from around 100 meters to the front road of the same city from around 100 meters to around 3rd roads in the same city.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Investigation report of the defendant's legal statement (report on the circumstances of the driver);
1. Inquiry the results of the drinking driving control;
1. Previous convictions in judgment: Application of criminal records, reply reports, and summary order under Acts and subordinate statutes;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. Order to attend lectures under Article 62-2 of the Criminal Act;