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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On December 7, 2011, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Seo-gu District Court Branch Branch of the Daegu District Court on December 7, 201, and was sentenced to a fine of KRW 5 million for the same crime in the same court on February 29, 2016.
[Criminal facts] On October 10, 2020, the Defendant operated a DVF100 engine bicycle under the influence of alcohol content of 0.047% at the 0.047% alcohol level from the front of the c hospital located in Daegu Nam-gu, Daegu-gu, to the 3rdular road located in 229, Nam-gu, Daegu-gu, Daegu-gu.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on detection of a driver engaged in driving, and an inquiry report on the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the reason for recidivism even though the driving force of drinking is possible.
- time to commit the offence;
The alcohol concentration in blood is 0.047%.