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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 September 26, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.
【Criminal Facts of Crimes】 On March 28, 2020, the Defendant driven a Flue e-car with a 0.112% alcohol concentration at approximately 800 meters away from the section of approximately 800 meters, from the front of C in the south-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the front road in D, at around 18:15.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Report on the occurrence of a traffic accident, on-site photographs, and on-site survey report;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and copies of summary order Acts and subordinate statutes;
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. Article 53 and Article 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 is 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 three times 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;