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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 November 27, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Western Branch of the Daegu District Court on November 27, 2013.
On January 29, 2019, at around 04:24, the Defendant driven a Erab vehicle under the influence of alcohol concentration of about 0.127% at a section of about 1km for the front of the Seo-gu B market in the same city, Seo-gu, Seogu, Daegu.
As a result, the Defendant was a person who violated the prohibition clause on drunk driving not less than twice and driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement in the circumstances of an employee;
1. Regulatory of drinking driving;
1. Response to the request for appraisal;
1. Inquiry into the enemy;
1. License register;
1. Previous convictions in judgment: Criminal records, investigation reports (former and previous records), and application of statutes governing 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 on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant is recognized to commit the crime of this case; there is no record of punishment heavier than the fine imposed on the defendant; and that the defendant's spouse is able to look back with an active interest in preventing recidivism; and that social ties seems to clearly exist,
1. Order to attend lectures under Article 62-2 of the Criminal Act;