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A defendant shall be punished by imprisonment for not less than eight months.
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 May 30, 2007, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support, and on January 2, 2008, a summary order of KRW 4 million for the same crime, etc. from the same support, and on September 14, 2010, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the same crime, etc.
【Criminal Facts】
On March 2, 2019, at around 22:20, the Defendant, from the front of the B apartment in the racing city to the front of the D convenience store in the racing city, driven an Ecoon-line cargo vehicle with approximately 1k alcohol concentration of about 0.172% while under the influence of alcohol at around 0.172%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. An inquiry report, such as a criminal history;
1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is based on the following factors: (a) the blood alcohol concentration of the instant case; (b) the records, including the Defendant’s age, character and conduct, family environment, and motive and circumstances of the crime; and (c) the sentence shall be determined in the same manner as the order.