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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 July 1, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.
【Criminal Facts】
On March 20, 2020, the Defendant: (a) around 00:35 on March 20, 2020, on the road near the Nam-gu apartment site B in the south-gu, Chungcheongnam-gu, and up to the front day of the D in the same Gu, and (b) on the 1km section of approximately 0.203% of blood alcohol concentration, and violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. F’s statement of statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report (report on the situation of a driver under the influence of alcohol), notification on the control of driving under the influence of alcohol, and inquiry into the results of
1. A previous conviction: A statement of inquiry results and the application of Acts and subordinate statutes of the same kind of crime;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (in consideration of the fact that the selection of imprisonment and blood alcohol concentration is high, the choice of imprisonment and the selection of sentence shall be made);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;