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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 June 5, 2010, the Defendant was issued a summary order of 1.5 million won by committing a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court, and on July 9, 2012, the Defendant was issued a summary order of 5 million won for the same crime in the same support, and on November 30, 2012, the Defendant was sentenced to a suspended sentence of 10 million won by imprisonment with labor for the same crime, etc. on the same support.
On May 7, 2020, at around 23:50, the Defendant driven a car 2.5% of blood alcohol concentration at the section of approximately 2 km from the entrance of the Si-U.S. B market at the Gu-U.S. Si to the same Si-Eup’s literacy distance.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of a traffic accident, site photographs, actual condition survey report, and photographs;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of the same type of judgment);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account