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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
On June 25, 2013, the defendant has been notified of a summary order of a fine of one million won at the Daegu District Court for the crime of violation of the Road Traffic Act.
On September 14, 2020, at around 23:19, the Defendant driven a D low-speed car at a section of about 700 meters from the Daegu Southern-gu parking lot to the front road of the same Gu from 0.213% alcohol level.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.
Summary of Evidence
1. Statement of the police statement of the defendant E in court;
1. Each photograph of the report on the Statement of the Yellow Drivers, and the report on police investigation (CCTV’s moving route confirmed byCCTV) on the control of drunk driving: “CCTV to capture” and “on-site (F cafeteria parking lot) parking lot”;
1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although there is a history of punishment for the reasons of sentencing under Article 62-2 of the Probation Criminal Act, the probation officer's strict supervision should be deferred execution of the sentence in consideration of the defendant's age and family environment, and the probation officer's strict supervision and supervision will assist the prevention of recidivism, on the ground that it cannot be deemed that the punishment for the crime is light in light of the fact that the level of blood alcohol level exceeds the criteria for the revocation of license, and that the degree of blood alcohol level exceeds the criteria for the revocation of license.