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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 March 10, 2008, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on March 10, 2008, and a summary order of KRW 4 million by a fine at the same court on March 27, 2008.
On June 10, 2019, at around 05:05, the Defendant driven a Fexton sports cargo vehicle under the influence of alcohol content of about 0.129% at approximately 50 meters from the front of the C main office in Daegu Suwon-gu B to the front of E in Daegu Suwon-gu D.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. On-site photographs;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes of one copy of an investigation report (the same force as a suspect), Daegu District Court Decision 2008 High Court Decision 2096, Summary Order No. 3096, Daegu District Court Decision 2008 High Court Decision No. 2008 High Court Decision No. 6530,
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:
- - The history of punishment for the violation of the Road Traffic Act (driving) is four times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;