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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 11, 2019, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on the same year.
7. 4. A person with the power of violating Article 44(1) of the Road Traffic Act one time, for whom the above summary order has become final and conclusive.
On October 13, 2020, the Defendant driven D Poter Cargo with about 1km alcohol concentration of 0.033% while under the influence of alcohol, from around 18:15, Namyang-si, B around C to C in front of the road.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. The defendant's report on the circumstances of the driver who takes charge of making the oral statement;
1. Notification of the results of crackdown on drinking;
1. Investigation report (Report on the situation of driving in the main place);
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (Attachment to a summary order), and other relevant Acts and subordinate statutes;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant recognized the offense; (b) the Defendant’s criminal records; (c) the degree of alcohol level during blood transfusion; (d) driving distance; and (e) the time interval between the instant drinking driving and the instant drinking driving; and (e) the sentencing conditions specified in the records and arguments, including the time interval between the instant drinking driving and the instant drinking driving. The sentence