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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 May 11, 2007, the Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving), etc. at the Seogu District Court Branch Branch of the Daegu District Court. On October 9, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving), etc. at the same court on October 9, 2008, and on January 6, 201, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).
On April 9, 2020, around 08:05, the Defendant driven an Esch Rexton car in the state of alcohol with approximately 0.127% alcohol concentration from around 2km to the front road of the veterans hospital distance adjacent to the Daegu Seo-gu, Daegu-gu, Daegu-gu, B from the front road of the veterans hospital street adjacent to the same Gu CDdong to the front road.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake