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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 September 18, 2007, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (refising to measure the noise level) at the Changwon District Court's Changwon Branch on September 18, 2007, and on April 7, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (refising to drive the noise level).
On July 28, 2020, at around 04:33, the Defendant driven a Category Maz car while under the influence of alcohol concentration of about 0.157%, from the road near the counter of Changwon-si, Changwon-si, Seoul to the road front of the window C of Changwon-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the crackdown on drinking drivers, the report on the circumstantial statements of drinking drivers, and the report on the circumstances of drinking drivers;
1. Criminal records: Criminal records, confirmation of related cases, etc., list of related cases, summary order, and application of statutes governing judgment;
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;