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A defendant shall be punished by imprisonment for six months.
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 November 21, 2007, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on September 1, 2008, a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on September 1, 2008, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Daegu District Court on February 23, 2011.
Criminal facts
피고인은 2013. 5. 30. 23:40경 대구 북구 침산3동에 있는 대구일중학교 부근 ‘찡오야’라는 상호의 술집 앞에서부터 대구 북구 침산3동에 있는 북구청 앞 도로에 이르기까지 약 200m 구간에서 혈중알콜농도 0.101%의 술에 취한 상태로 B 포터 화물차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstances of the driving of a motor vehicle;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Previous convictions as indicated in the judgment: Criminal history records, etc., investigation report (Attachment to the judgment of the same kind of power), Daegu District Court Order No. 2004 Highest 70828, Daegu District Court Order No. 2007 Highest 35878, Daegu District Court Order No. 2008 Highest 24348, Daegu District Court Order No. 2008 Highest 201 Highest 2061, Daegu District Court Order No. 2061;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The punishment as ordered shall be determined in consideration of the overall normal materials revealed in the trial process, such as the fact that there is no criminal conviction or heavier than a suspended sentence, the defendant's blood alcohol concentration and alcohol content, driving distance, the age, occupation, family relationship, health status, etc., although the sentence of Article 62-2 of the Criminal Act is serious for the reason of sentencing under Article 62-