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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
On October 17, 2011, the Defendant received a summary order of KRW 1,50,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act, and on January 4, 2018, a summary order of KRW 5,00,000 as a fine for the same crime from Daejeon District Court Seosan Branch.
At around 00:30 on March 12, 2020, the Defendant driven a dived car with a blood alcohol concentration of about 0.13% in the section of about 34 km from the front of Seosan-si to the front of Seo-gu Daejeon Metropolitan City, Seo-gu.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A detailed statement of a traffic accident report, report on the results of the drinking driving control, inquiry into the actual results, investigation report (report on the situation of a drinking driver, facility maintenance of the Daejeon Metropolitan City Office, telephone conversations, reported persons telephone contents, and hearing statements by public officials related to damage to protective walls), and a detailed statement of handling cases 12 reported;
1. Registers of driver's licenses;
1. Photographs, such as an accident site;
1. Previous convictions in judgment: Application of criminal records and summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the same Act on the Punishment, etc. of
1. The Criminal Act;