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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 28, 2009, the Defendant was issued a summary order of a fine of four million won by the Daegu District Court due to a crime of violating the Road Traffic Act.
On April 7, 2020, the Defendant driven a F Alti-Ma car while under the influence of alcohol content of about 0.163% in a section of about 2 km from the front road in Gumi-si B to the front road in D in the same city.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drivers of drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the following factors: (a) protection and observation; (b) order to provide community service; and (c) order to attend a lecture; and (d) the Defendant’s records of the same crime for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s age, sexual behavior, environment; (c) motive, means and consequence of the crime; and (d) the conditions of all the sentencing as shown in the pleadings