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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 4, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Daegu District Court.
On November 16, 2019, at around 22:48, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.131% in the section of approximately 2 km from around C before C in front of C’s C’s house, in the mutual influence of the trade location located in C’s territory.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Inquiry into criminal records and criminal records of foreigners;
1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order that has record on punishment of the same kind of crime);
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. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:
- The recognition and reflection of the crime, which has the history of being punished for the violation of the Road Traffic Act (driving)