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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
On August 28, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court; on February 9, 2010, the same court issued a summary order of KRW 1.5 million for the same crime; on August 24, 2011, the same court issued a summary order of KRW 3 million for the same crime; on July 18, 2013, the Defendant was sentenced to a fine of KRW 5 million for the same crime; on March 18, 2016, the same court issued a summary order of KRW 6 million for the same crime; and on March 18, 2016, the Defendant was punished five times for the violation of the Road Traffic Act (driving).
Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, on May 19, 2019, at around 23:25, the Defendant driven Cho-do car under the influence of alcohol with a blood alcohol concentration of about 0.074% at the 3km section from the front of the building in North-gu, Daegu, North-gu to the front road of the 65-lane 1, Doldong-gu, Daegu, from the front of the building in question, to the front road of the solar distance of about 0.074%
Summary of Evidence
1. Defendant's legal statement;
1. Photographs (at the time of their display);
1. The circumstantial statement of the employee;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship
- The fact that there are six occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving will not be conducted.