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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 November 13, 2009, the Defendant was under the influence of a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million due to a violation of the Road Traffic Act (driving on July 7, 2014) in the Daegu District Court Kimcheon-gu branch of the Daegu District Court on November 13, 2009. However, on December 18, 2019, the Defendant driven a CF car with a blood alcohol content of KRW 0.14% under the influence of alcohol level from the road front of the Gumi-si B Building on December 18, 2019 to the road front of the Gumi-si parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Investigation reports (demark);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records