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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 became final and conclusive.
Reasons
Punishment of the crime
On June 13, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 13, 2012, and was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Matern branch of the Daegu District Court on October 18, 2018.
At around 15:40 on May 24, 2020, the Defendant driven E-Poter truck in the state of alcohol 0.173% alcohol concentration at the section of approximately 400 meters from the C cafeteria in the Cheongsong-gun B to the D Do road in the same Gun.
As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports (time of suspect drinking, photographing pictures, etc.), photographs of ragss, and investigation reports (related to the application of the Madmark formula);
1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on a traffic accident, report on the circumstances of a drinking driver, investigation report, report on the status of a drinking driver, and report on the results of the crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry records, written judgments, and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. In particular, the reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act, the degree of the offense, the driving distance, and the records of drinking driving (4 times a fine) shall be taken into account;