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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 1, 2010, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on the following grounds: (a) on November 9, 201, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended sentence for the same crime in the Daegu District Court racing support.
【Criminal Facts】
On October 30, 2019, at around 14:20, the Defendant driven a ecoo vehicle B while under the influence of alcohol of about 2km from around 191 to March 191, 201, from the front of the bus terminal in front of the racing city, which was located on the 184-ro of the racing city.
As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. An inquiry report, such as a criminal history;
1. Investigative report (Confirmation of the same kind of power), - Application of each one of the written judgment and summary order, respectively;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of the circumstances such as the background of the crime in this case, the blood alcohol concentration, the records of the crime, etc. and other overall circumstances such as the age, character and conduct, environment, motive, means and consequence of the crime in this case;