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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 September 17, 2008, the Defendant was issued a summary order of KRW 2 million by imprisonment with labor for a violation of the Road Traffic Act at the Daegu District Court.
【Criminal Facts】 Although the Defendant had been in violation of the Road Traffic Act’s provision on the prohibition of drunk driving at least once, on October 29, 2019, at around 00:56, the Defendant driven B rocketing taxi under the influence of alcohol content of 0.042% from the front of the Mazho-dong of Daegu-dong, Daegu-dong to the long-term Mazho-dong Mazho-dong of the same Gu during the influence of alcohol concentration of 0.042%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been punished for drunk driving.
Nevertheless, in addition to the crime of this case, it is judged that the risk of recidivism exists and the imprisonment is selected.
However, considering that the blood alcohol concentration of the defendant's blood alcohol level falls short of the criteria for revocation of the license, the execution of punishment shall be suspended after discretionary mitigation in consideration of the fact that the defendant's blood alcohol level falls short of the criteria for revocation of the license, but the execution of punishment shall be suspended after imposing an order of compliance driving