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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 became final and conclusive.
Reasons
Punishment of the crime
On September 26, 2016, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Daegu District Court on September 26, 2016.
On May 5, 2020, at around 05:21, the Defendant driven a car with C Stipoon in approximately 1km from the front side of the large area located in Daegu-gu to the front side of Daegu-gu, while under the influence of alcohol of 0.176% of blood alcohol level.
Accordingly, the defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.
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 before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake