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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
[Criminal Power] On October 17, 2016, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 03:30 on June 16, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of approximately 0.163% from the section of approximately 1km from the front of the “C” restaurant located in the Nam-gu Seoul Metropolitan Government B to the front of the D apartment in the same month-gu.
Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Court statements, police records;
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drunk driving, 112 Report Handling, the register of driver's licenses, the register of vehicle driving licenses, the statement of blood alcohol appraisal;
1. Previous convictions indicated in judgment: Criminal records, investigation status, and application of Acts and subordinate statutes concerning 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1448, Apr. 1, 2006)
1. Order to attend lectures under Article 62-2 of the Criminal Act;