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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 4, 2006, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on September 17, 2010, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court.
On October 22, 2020, the Defendant driven a FACCORD EX-V6 car while under the influence of alcohol concentration of about 0.173% from the 10-meter section from the front of the road located in C in C in C in E in D to the front of the road located in D.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written inquiry about criminal history, a written investigation report (the same kind of force), and a summary order;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts (the point of drinking and the choice of imprisonment)
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant has five or more criminal records of the same kind due to driving of alcohol or refusal of measurement of drinking, or consideration of the fact that the defendant has five or more criminal records of the same offense due to erroneous recognition of and reflects on
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;