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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 November 12, 2009, the Defendant received a summary order of KRW 2 million from Daejeon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Daejeon District Court to a fine of KRW 9 July 9, 2012.
Although the Defendant was punished as a crime of violation of the Road Traffic Act, at around 01:50 on December 28, 2019, the Defendant driven a CK7 vehicle from the section of about 50 km to the road at a point 206.9km from the front of the Jinjin-gu B apartment at the time of Yandong-gu to the 0.152% alcohol concentration, while under the influence of alcohol at around 01:50 on December 28, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Records before judgment: Criminal records, etc. and the application of investigation reports and investigation reports (verification reports on the records of driving under influence of a suspect) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);
1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;