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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
On March 23, 2007, the defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act in the Western Branch of the Daegu District Court on March 23, 2007.
At around 22:00 on May 17, 2020, the Defendant driven a car with approximately 10m dben C220 meters in front of the road parking lot adjacent to the C cafeteria in the G Doldong-gun, in a state of under the influence of alcohol of 0.104%.
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. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - Even if a person had a record of drinking driving, he/she re-driving, and the blood alcohol concentration is higher than 0.104%, and a traffic accident occurred.
- Recognizing and opposing the commission of the offence;
The victim did not have any particular injury, has been subscribed to a motor vehicle comprehensive insurance, and is not punished by mutual consent with the victim.
It is a fine and there is no record of punishment after 2010.