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A defendant shall be punished by imprisonment for a term of one year and two months.
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
[Power of crime] On November 1, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Ulsan District Court on November 1, 201.
[ 범죄사실] 피고인은 2020. 11. 8. 00:10 경 평택시 동삭동 상호 불상의 음식점 부근 도로에서부터 평택시 B 앞 노상에 이르기까지 약 500m 구간에서 혈 중 알코올 농도 0.226% 의 술에 취한 상태로 C 팰 리 세 이드 승용차를 운전하였다.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, health conditions, etc., and other factors of sentencing as stated in the order.
Sentencing factors: The confessions and reflects, and there is no record of punishment exceeding fine: The factors of sentencing unfavorable to the disadvantage of the person who has been sentenced to a fine due to the driving of drinking, even though two times (206, 201), the person has been driving under the influence of drinking, the amount of drinking is high, and the driving distance is not short.