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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 April 19, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Daegu District Court.
【Criminal Facts】
On August 24, 2019, at around 01:51, the Defendant driven a BA6 vehicle under the influence of alcohol with approximately 10k alcohol concentration of about 0.203% from the section of approximately 10km to the front road of the Gongwon-dong, Daegu Northernbuk-ro 87, Chungcheongnam-gu, Daegu Northern-gu.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;
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;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered in consideration of various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are favorable to the high blood alcohol concentration: The confession and reflect shall be made;