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A defendant shall be punished by imprisonment for one year.
except that 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 September 28, 201, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Seo-gu District Court Branch of Seo-gu District Court on September 28, 201.
【Criminal Facts】
On November 5, 2019, the Defendant had been punished for the violation of the Road Traffic Act (FK 7 meters) as seen above, but was under the influence of 0.110% of alcohol concentration in blood, the Defendant driven approximately approximately 200 meters in front of the E Bank located in D in the front of the cafeteria, Daegu-gu, under the influence of alcohol concentration of 0.110%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a suspect in violation of the Road Traffic Act, inquiry into the results of the regulation of drinking driving, and report on the situation of a drinking driver;
1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and summary order) Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant was sentenced to a fine once due to drunk driving, but the defendant was also subject to a driving under the influence of drinking. The reason for sentencing under Article 62(1) of the Criminal Act is that it is not good to the nature of the crime
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the fact that there is no particular record of punishment other than the above punishment, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.