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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
Criminal facts
Some of the facts charged were corrected.
On April 11, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act, etc. at the Daejeon District Court on April 11, 2008, and on March 16, 2018, the Defendant received a summary order of five million won by a fine for the same crime.
On May 15, 2019, the Defendant, while violating the provision on the prohibition of drunk driving two or more occasions, was driving a D-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;
1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (Attachment to the same type of force);
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the provision of an order to attend lectures is that the Defendant was subject to a suspended sentence of imprisonment twice due to drinking driving, and the Defendant was driving a car without a driver’s license in the state of drinking alcohol level 0.16% in the second blood alcohol level.
This is considered as a major situation, and the defendant shows an attitude to recognize and reflect the defendant's mistake, and the defendant was not subject to criminal punishment for the last ten years except a fine due to drinking driving in around 2018, and the age, character and conduct, environment, motive, means of crime and behavior of the defendant.