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A defendant shall be punished by imprisonment for one year.
except that 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 October 12, 2015, the Defendant received a summary order of KRW 1,50,000 from the Cheongju District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving), a summary order of KRW 3 million due to the same crime in the same court on August 8, 2016, and a summary order of KRW 5 million due to the same crime in the same court on January 3, 2019, respectively.
【Criminal Facts】
The defendant is a person who drives a bicycle for a motor device B 108cc.
On November 26, 2018, while under the influence of alcohol 0.104%, the Defendant driven the bicycle at a section of about 2 km from before the Defendant’s house in Cheongju-si to D in Cheongju-si, Goju-si, the Defendant driven the bicycle at a section of about 2 km from before the Defendant’s house in Cheongju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Investigative reports, reports on occurrence of traffic accidents, reports on the circumstantial statements of drinking drivers, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. CCTV photographs and field photographs;
1. Previous convictions: The inquiry about crimes and investigation records of foreigners, the details of the management and inquiry report, the results of confirmation of the previous dispositions, and the application of Acts and subordinate statutes of each summary order;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); imprisonment (applicable to the same type of power, details of driving, attitude of the law before and after committing the crime, etc.)
1. Article 62 (1) of the Criminal Act (the same Article shall not apply to any person who has no criminal record of the suspended sentence of the same kind);