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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Criminal Power】 On March 15, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on March 15, 2012, and a fine of KRW 2 million for the same crime in the same court on October 1, 2015.
【Criminal Administration” around May 9, 2020, the Defendant driven a F low-speed car while under the influence of alcohol content of about 0.185% at the section of about 2 km from the front of the road located in Nam-gu, Nam-gu, Seoul to the front of the road located in D, to the front of the road located in D.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of suspects in violation of the Road Traffic Act (driving), report on the state of driving under the influence of alcohol, notification on the results of the control of driving under the influence of alcohol, report on the state of driver under the influence of alcohol, field photographs, and report processing of cases 112;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act shall be taken into account the degree of blood alcohol concentration on the grounds of sentencing, the criminal records as indicated in the judgment, and the records of drinking driving in 2004, the fourth drinking driving, the defendant's other penal records, reflectivity, etc.