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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
Criminal facts
【Criminal Power】 On September 3, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.
【Criminal Administration” around 00:30 on August 25, 2020, the Defendant driven a motor vehicle with Cromatic alcohol concentration of about 0.093% at the 15km section from the 15km road in the north-gu at the port of port to the front road of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of the same force of the suspect;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and an order to attend a lecture shall take into account the following factors: (a) the degree of alcohol concentration with the reason of sentencing under Article 62-2 of the Criminal Act; (b) the criminal records as the sole penalty power; and (c)