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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 29, 2017, the Defendant received a summary order of KRW 1,50,000 from Daejeon District Court as a crime of violation of the Road Traffic Act.
On February 11, 2020, the Defendant, despite the foregoing, driven a motor vehicle in B Spart under the influence of alcohol concentration of 0.176% at around 01:00, and operated a section of approximately 1km to the front of F in Daejeon-gu E on the roads in front of the D convenience point located in Daejeon Seo-gu, Daejeon.
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. The police's statement concerning the defendant's interrogation protocol G of the police;
1. A survey report on actual condition, a report on the circumstantial statement of a driver, an investigation report (field investigation, suspect's statement, victim's statement, deposits related to physical damage, submission of a written agreement, and submission of a written agreement);
1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, investigation report, and application of summary order-related Acts and subordinate 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 (Article 62 (1) (Article 62 (1) of the Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), the danger and harm of
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;