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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 30, 2016, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s branch office on September 30, 2016, and on April 9, 2018, the Defendant received a summary order of KRW 3 million for the same crime from the above astronomical support.
Although the Defendant had the record of violating the prohibition of drinking driving regulations as above, the Defendant driven a 12 km car at around 15:50 on June 14, 2020, while under the influence of alcohol 0.115% in blood alcohol concentration from the front of the C cafeteria located in Asan-si, B to the front of the Asan-si, Asan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., inquiry into cases, and copies of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);
1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;