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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 August 16, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on August 16, 2016, and a summary order of KRW 5 million for the same crime in the Daegu District Court on October 24, 2016.
【Criminal Facts】
On March 14, 2020, at around 10:10, the Defendant driven C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. A report on internal investigation (limited to details of control and attachment of photographs), 112 reported mountain control marks, CCTV closure photographs;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same criminal records of a suspect), and application of Acts and subordinate statutes twice in summary order;
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. Probation, community service order, order to attend a lecture, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined