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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 13, 2012, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for a crime of violation of the Road Traffic Act, and KRW 6 million by a fine in the same court on November 7, 2014, respectively.
【Criminal Facts】
At around 00:40 on June 28, 2020, the Defendant driven DMW car in the state of alcohol alcohol concentration of about 0.206% from the section of approximately 1k to the front road of the city in Yongcheon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the previous convictions), and application of each summary order 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. Article 62 (1) of the Criminal Act;
1. Probation and order to attend a lecture, the reason for sentencing under Article 62-2 of the Social Service Order Act - Even if two times the record of drunk driving was recidivismed, and the blood alcohol concentration is 0.206%.
The time to commit the crime.
All of the above electricity are fines, and physical and human damage caused by accidents did not occur.