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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 March 31, 2009, the Defendant was sentenced to a summary order of 1.5 million won by committing a violation of the Road Traffic Act in the Western Branch of the Daegu District Court. On June 22, 2009, the Defendant was sentenced to a suspended sentence of 2 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court.
【Criminal Facts】
On September 2, 2019, at around 13:45, the Defendant driven a Frocketing car with an alcohol content of 0.209% under the influence of alcohol in approximately two kilometers from the front of the road located in Daegu Northern-gu B to the front of the road located in Seo-gu, Seo-gu, Seoul, to the front of the E in the same city.
Accordingly, the defendant was driven under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, making an inquiry into the enemy, and register of driver's licenses;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached reporting, such as summary orders);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that recognizes the crime of this case by the defendant, there is no criminal record that has been punished since 2010 to the date, the spouse, etc. of the defendant seems to have a clear social relationship, such as the fact that the defendant's spouse, etc. wanting to take an active interest in preventing recidivism, and the current health conditions, etc
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;