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A defendant shall be punished by imprisonment for one year.
except that 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
In Daegu District Court, the defendant has been notified of a summary order of KRW 70,000 on August 30, 2006, the summary order of KRW 2500,000 on May 18, 2007, and the summary order of KRW 3 million on January 5, 2009.
On May 6, 2020, the Defendant driven a Dcopic car with approximately five meters alcohol level 0.129% under the influence of alcohol level 0.129% from May 6, 2020 to the front road of C from the Do in Daegu Northern-gu B.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. According to the social request that the punishment force of the punishment of the illegal driving under Article 62(1) of the Act on the Suspension of Execution is to eradicate harmful effects of the drunk driving even three times, the current Road Traffic Act, which greatly strengthened the control standard and statutory punishment, re-influences the drinking driving again after the enforcement of the Road Traffic Act, and the degree of blood alcohol concentration exceeds the revocation standard, and the risk of recidivism, it is likely that serious warning is necessary and the risk of recidivism is likely to be taken. Furthermore, there are circumstances to consider the situation of driving in light of the fact that it is clearly stated that the person was sent home through a proxy engineer and was parked in a short distance to avoid inconvenience to neighboring commercial areas, and the execution of the sentence is suspended for the last ten years, taking into account the age and occupation of the defendant, and considering the character and character of the defendant, the risk of recidivism should not be imposed, such as probation.