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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 September 30, 2008, the Defendant was issued a summary order of KRW 1 million by a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch on September 30, 2008 and a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the same court on November 29, 2013.
Nevertheless, around 23:10 on March 1, 2020, the Defendant driven a Dben C220d car under the influence of alcohol concentration of approximately 0.076% from the 1.3km section to the front road of the 3rd Dong-dong Administrative Welfare Center.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);
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. Although the error of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is not somewhat weak, the punishment as ordered is determined by comprehensively taking account of the following factors: the defendant's age, character and conduct, circumstances, circumstances, means and result of the crime, circumstances after the crime, and family relations, although the defendant's fault is against the defendant and the main nature is not heavier than the level of exploitation.