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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 three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On April 23, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act by the Ulsan District Court on April 23, 201, and on December 23, 201, the same court was sentenced to a fine of two million won for a violation of the Road Traffic Act.
Nevertheless, at around 07:20 on November 9, 2018, the Defendant driven a Drens II car under the influence of alcohol leveling 0.091% of 0.091% of alcohol level from Ulsan Jung-gu B apartment to the Nam-gu C apartment again via the same Si-gu C apartment market.
Accordingly, even though the Defendant violated the prohibition of drinking driving more than twice, the Defendant once again driven under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, actual condition survey reports, status quo reports on drivers, status quo reports on drivers, status quo reports on drivers;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act does not have a high level of blood alcohol concentration for the reason of sentencing, but the longer distance of drinking driving, in addition to the criminal records as stated in the judgment of the defendant, the fine is also imposed for the violation of the Road Traffic Act in 2004, the fine is imposed for the violation of the Road Traffic Act in 2005, the fine is imposed for the violation of the Road Traffic Act in 2009, the fine is imposed for the violation of the Road Traffic Act in March 15, 201, and the fine is imposed for the violation of the Road Traffic Act in March 15, 201.