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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
On July 31, 2012, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for the violation of the Road Traffic Act, in the sex support by the Daegu District Court.
On February 28, 2020, at around 21:40, the Defendant driven a DNA car while under the influence of alcohol of about 0.141% in the section of about 5 km from the front of the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front of the same military road.
Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. In particular, the reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act, the degree and distance from the operation of the defendant, the records of traffic crimes (4 times a fine), etc. shall be taken into account;