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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
[criminal power] On August 1, 201, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court in the Daegu District Court.
【Criminal Facts】
On March 26, 2020, around 22:15, the Defendant driven B automobiles with blood alcohol content of about 0.147% at a distance of about 50 meters from the 50m to the front road of the Marine Corps, located in the same Eup/Myeon-ro 66-lane 3 of the same Eup/Myeonncheon-gu, Chungcheongnam-gu.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, the circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. A report on the occurrence of a traffic accident, a photograph at the scene of the accident, a traffic accident report (1) (2) (2) (2) (2) (2) (3) (2)) (3)) (3) (3)) (3)) (
1. Previous convictions indicated in judgment: Criminal history records, reply reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of one copy of summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the election of imprisonment or imprisonment with prison labor, the blood alcohol concentration is high, and the driving of this case causes a traffic accident);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that a traffic accident is caused by the instant driving, but the fact that a single physical damage has been caused);
1. Article 62 (1) of the Criminal Act (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that the punishment of a fine is in full twice, including the previous conviction in the judgment);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;