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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 21, 2006, the Defendant was sentenced to imprisonment with prison labor for six months on December 14, 2006 by driving a motor vehicle under the influence of alcohol level of 0.110% on September 21, 2006, under the influence of alcohol level of 0.110% by driving, etc., and on January 24, 2009, by driving a motor vehicle under the influence of alcohol level of 0.15% on January 24, 2009, under the influence of alcohol level of 0.15%.
On July 24, 2020, at around 21:00, the Defendant driven a DNA passenger vehicle with a blood alcohol concentration of about 0.114% from the 4km section from the front of the Chungcheongbuk-gun B to the front of C.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on the occurrence of a traffic accident, actual condition investigation report, circumstantial statement report of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, and statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for the sentencing of Article 62-2 of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of occurrence of accidents is high, and the social damage caused by drinking drivers as well as other people's life, body, etc. is increased. Therefore, it is necessary to impose strict liability on drinking drivers.
The defendant, including the above, is sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, such as drinking, refusing to measure drinking, and driving without a license, on a multiple occasions, and two times.