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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 March 8, 2016, the Defendant was notified of a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act in the Gwangju District Court's net support.
On March 21, 2020, at around 03:00, the Defendant driven a DNA car with approximately 7.9km alcohol concentration of about 0.092% while under the influence of alcohol at the section of approximately 7.9km from 03:0 to 3rd village.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An accident site photograph;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Report on internal investigation (on the field situation):
1. Investigation report (the blood alcohol concentration applicable to the Bamark formula);
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes governing summary orders;
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 on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Motor Vehicle Accidents that causes a traffic accident that shocks in the course of running a sound driving) shall be considered;
1. Order to attend lectures under Article 62-2 of the Criminal Act;