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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 June 10, 2013, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court racing support.
【Criminal Facts】
On November 6, 2019, at around 23:50, the Defendant driven a rocketing car with approximately 0.089% of alcohol concentration in the 1km section from the front of the racing to the front of the D located in the same city C.
As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, driving a vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes confirming the records of drinking driving;
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. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;