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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
[Criminal Power] The Defendant, at the Daegu District Court on September 9, 2008, has a record of being sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act, and a person who was sentenced to a fine of KRW 2 million for the same crime from the vice branch of the Daegu District Court on August 20, 2012 to the same crime.
【Criminal Facts】
On April 18, 2015, at around 00:39, the Defendant driven a CNEW EF rocketing car under the influence of alcohol at approximately 0.119% of blood alcohol concentration from a 100-meter radius from the studio studio in the middle of the CNEW Sheet, which is in the middle of the CNEW Sheet in the middle of the CNW Sheet to the middle of the mountain.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
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. Although it is recognized that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act reflects the wrongness of the defendant, the fact that the defendant had already been punished for drinking driving three times, and the fact that drinking driving has already been done under the influence of drinking, and all other factors of sentencing as shown in the records and arguments of this case shall be determined by taking into account