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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 May 30, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on May 30, 201.
【Criminal Facts】
On June 3, 2020, at around 22:07, the Defendant driven an eG300 electric two-wheeled vehicle under the influence of alcohol leveling of about 200 meters from the 200-meter radius to the front distance of D, located in Daegu Northern-gu B, Daegu Northern-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The accused's legal statement, his/her oral statement, his/her circumstantial statement request for appraisal, his/her inquiry into the results of the control of drinking driving, and his/her previous offense: The application of Acts and subordinate statutes to criminal records, his/her inquiry reports, and investigation reports (verification of sound records);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Considering the fact that the sentencing period under Article 62-2 of the Criminal Act includes a large number of defendants with the same kind of criminal records, which led to the instant crime, and that the drinking water level is very high to 0.230%, the Defendant is led to the confession of the crime, and the Defendant’s control over traffic accidents, etc. has not occurred, considering the favorable sentencing factors. Taking into account all other circumstances, the Defendant’s age, occupation, background leading to the crime, and circumstances after the crime, etc., the sentence identical to the order shall be imposed on the Defendant.