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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 December 21, 2017, the Defendant was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's Msan branch.
Criminal facts
1. On October 1, 2020, the Defendant driven a DNA car under the influence of alcohol content of about 0.182% at a section of about 50km from the front of the Cju shop located in Sin-Gun, Chungcheongnam-si, Sungwon-dong, Sungwon-dong, Sungwon-si, Sungwon-si, Sungwon-si, to the front road located in Sinwon-si, Sungwon-si, Sungwon-si.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
2. On October 12, 2020, at around 02:35, the Defendant driven a DNA low-income vehicle under the influence of alcohol by 0.062% of the blood alcohol concentration at the section of approximately 2km through the G District H convenience store adjacent to the G District located in F from the front of the G District, Nannam-gun, and Nannam-gun.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);
1. Criminal records: Criminal records, US records on disposition, report on results of confirmation, judgment, and application of summary order statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act (Article 55(1)1 of the same Act provides that even though a case is not exceptionally considered in light of the blood alcohol concentration, the same criminal records, etc., the crime is not committed in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and there is no record of criminal punishment heavier than the suspended execution of imprisonment, and
1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;