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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 October 23, 2006, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch of the Daegu District Court, and KRW 2 million as a fine at the Daegu District Court on December 12, 2013, respectively.
【Criminal Facts】
On April 10, 2020, at around 04:59, the Defendant driven a Dsch Rexton car under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.149% in the section of approximately 1.5km from the roads near C, which are located in the same eroposite located in the same Eup.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on the occurrence of traffic accidents, field photographs, actual condition survey reports, notification of the results of the control of drinking driving, report on the state of drinking drivers, investigation reports (report on the state of drinking drivers), and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing summary orders;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though two times of drinking driving skills, a drinking driving again was conducted, the blood alcohol concentration is higher than 0.149%, and there was an accident that was omitted into a drainage opposite to the direction of the driving direction.
The time to commit the crime.
The influence of drinking driving was both fined and has passed for a considerable period of time.
A vehicle is scrapped and not re-offending.