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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 November 23, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Daejeon District Court.
On February 25, 2020, at around 03:00, the Defendant driven a DMW 520d car under the influence of alcohol 0.117% in the area of approximately 4km from the front line of “C” located in Daejeon Jung-gu, Daejeon to the mountain Negi-dong located in Daejeon.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Traffic accident report (1) and (2) (the survey report on actual condition), the report on the detection of a drinking driver, the report on the circumstantial statement of a drinking driver, and the report on the circumstances of a drinking driver;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Criminal records, investigation reports (verification once the suspect's drinking record), and application of summary order 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 circumstances favorable to the accused below):
1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes such as the danger and
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;