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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] On March 4, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 12, 2019, at around 11:20, the Defendant driven a Grand City under the influence of alcohol level of about 0.159% from the 3km section from the front of the public health clinic of Yongcheon-si to the front road of the public health clinic of about 10km-si Macheon-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes of criminal history records, repeated statements and summary order attached to a criminal investigation report;
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 reasons for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.
Unfavorable circumstances: The drinking driving has been repeated despite the history of punishment for drinking driving.
The blood alcohol concentration level is high.
The favorable circumstances: The crime is recognized.
There shall be no history of punishment of imprisonment without prison labor or heavier.