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A defendant shall be punished by imprisonment for not less than one year and six months.
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
[criminal power] On October 1, 2007, the Defendant issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on September 2, 2008, a summary order of 3 million won for the same crime in the same court on September 2, 2008, and a summary order of 2.5 million won for the same crime in the same court on June 10, 201, respectively. On October 11, 201, the Defendant was sentenced to a suspended sentence of 6 months for imprisonment with prison labor for the same crime at the same court on January 9, 201, and two years for a suspended sentence of 2 years for the same crime at the same court on August 201.
【Criminal Facts】
On July 28, 2020, at around 00:01, the Defendant driven a B low-water vehicle with a blood alcohol concentration of about 0.105% from the front of the main station near the World Cup stadium to the front of the road near the Daegu Lone Cup St. 387-4, under the influence of alcohol level of about 500 meters, from the front of the road near the Daegu Lone Cup St. 387-4.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement report on a drinking driver, the results of the control of drinking driving, the report on the situation of drinking driving, the investigation report on the status of drinking drivers, and the photographs at the scene at the time of crackdown;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as suspects), summary orders, and application of statutes governing judgment;
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. Probation and order to attend a lecture, the reason for sentencing Article 62-2 of the Social Service Order Act - Although drinking driving force is several times, recidivism was made.
In the signal atmosphere, the accident could have occurred due to locking.
The time to commit the crime.
The accident did not occur frequently.
7 years have passed since the final driving time.
A vehicle was disposed of.
minor children shall be brought up.