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A defendant shall be punished by imprisonment for one year.
except that 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 May 11, 2015, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court.
【Criminal Facts” around 05:40 on November 16, 2019, the Defendant driven a D-wing and solid freight vehicle with a blood alcohol concentration of about 0.147% in the section of about 15 kilometers from the front of Seo-gu Incheon, Seo-gu, Incheon to the front of Gangseo-gu, Seoul.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Criminal records as judged: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.
The favorable circumstances: The defendant recognizes the crime of this case and seriously reflects the crime, and there is no record of punishment exceeding the fine.
The defendant supports his family as the most.
In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.