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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 3, 2017, the Defendant was sentenced to a fine of KRW 6 million for the violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on November 3, 2017.
Criminal facts
On June 9, 2020, the Defendant was driving a ice B car at the sand of president in front of the Yanan-gun, Chungcheongnam-gun, Chungcheongnam-gun on June 21:37, 2020, while driving the ice B car at the site after receiving a report on a vehicle suspected of driving under influence, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol due to the following reasons: (a) the Defendant was driving the vehicle at the site; (b) the Defendant was able to recognize that the Defendant was under the influence of alcohol due to drinking, such as smelling at the bar D, etc. belonging to C, who was dispatched to the site after receiving a report on a vehicle suspected of driving under influence; and (c) the Defendant was requested from around 21:25 to about 21:37 of the same day, but did not comply with the breath alcohol measurement of
As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.
Summary of Evidence
1. The police statement of the defendant E in his court statement;
1. The application of Acts and subordinate statutes to report on drinking, driving, statement on the status of the driver, report on the status of the driver, and records of video records of the black stuffs, and investigation reports (verification of the same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. Consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the criminal records, the same kind of power, the accused’s environment, etc.;