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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
【Violation of the Traffic Act (Drinking in 2013): Violation of the Traffic Act (Drinking in 2016): a fine of KRW 3.5 million (Drinking in 2016): the Defendant was under the influence of alcohol level of KRW 0.092% while under the influence of alcohol level of KRW 3.5 million (Drinking in 2016). On May 21, 2017, around 09:05, the Defendant was driving a vehicle at approximately 7km in the direction of approximately 7km from the road in Daegu City, Seo-gu, Daegu City to the road in the same Gu.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years of lecture, 40 hours of community service and grounds for aggravation of 80 hours: The grounds for mitigation of alcohol concentration, etc. in high blood: Confession, nivement driving, etc.;