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A defendant shall be punished by imprisonment for a term of one year and three months.
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 June 5, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
On February 29, 2020, at around 20:50, the Defendant driven a viewing car in the state of alcohol 0.188% alcohol concentration from the front of the C Hop House to D in the front of the same city.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Results of the control of drinking driving (blood collection result);
1. Requests for appraisal;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act (see, e.g., circumstances in the preceding and the fact that there is no record of criminal punishment exceeding the fine);
1. Order to attend lectures under Article 62-2 of the Criminal Act;