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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 27, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking) at the Daegu District Court on March 27, 2015, and on August 4, 2017, the Defendant violated the duty of prohibition of driving under the influence of alcohol at least twice after having received a summary order of KRW 4 million for a violation of Road Traffic Act (drinking).
On May 9, 2017, while under the influence of alcohol 0.151% during blood transfusion, the Defendant driven a B B B B small vehicle at approximately 200 meters away from the road near the (AU) club in Daegu-ro 61 to the same-sex 22nd road in the same Gu-ro 4-gil 200 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected victims of violating traffic laws on roads;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
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 legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment [the defendant has the same criminal records as that of the judgment of the court], and the same criminal records as that of the judgment of the court;
In a short period of time, a person drives alcohol repeatedly and repeatedly in a short period of time, and the alcohol concentration in each blood as at the time of driving is 0.1% or more in total (in the case of a person driving alcohol on May 3, 2017, the amount of alcohol concentration in the blood is 0.147% in the case of a person driving alcohol on May 3, 2017, and in the case of a person driving alcohol, the amount of alcohol concentration in the blood is 0.151% in the case of a person driving alcohol), and there are no circumstances to consider in the motive.
1. Article 62(1) of the Criminal Act on the suspended execution (the distance of the Defendant’s driving was relatively short, and there was no situation that could cause harm to traffic at the time of the instant case.
The defendant is seriously against himself, and the defendant will not repeat again in the future.
The sentencing guidelines applicable to similar crimes shall be considered as a negative reason for the suspension of execution in the case of the same criminal records or higher than the suspension of execution within five years.