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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
In the Daegu District Court Kimcheon Branch, the Defendant has received a summary order of a fine of one million won on April 30, 2010 and the summary order of a fine of two million won on June 16, 201.
Although the Defendant had been able to violate the provision on the prohibition of drunk driving under the Road Traffic Act more than once, at around 03:08 on November 13, 2019, the Defendant driven a DMW car under the influence of alcohol concentration of 0.105% from the Do in front of a mutually influent restaurant B in the Gandong-gun, Gandong-gun, to the front of C apartment, while under the influence of alcohol concentration of 0.105%.
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. Each photograph: “On-site” and “CCTV images closure”;
1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);
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. Article 62 (1) of the Criminal Act;
1. Although Article 62-2 of the Probation Criminal Act has twice the history of punishment for drunk driving for reasons of sentencing under Article 62-2, considering the social request that eradicates harm caused by drunk driving, the execution of a sentence shall be postponed by taking into account the following factors: (a) the enforcement of the Road Traffic Act, which greatly strengthened the control standards and statutory punishment, (b) the degree of blood alcohol level exceeds the revocation standards; (c) the level of alcohol level exceeds the revocation standards; and (d) the high degree of drinking control at the heart, and (e) it seems that it seems that the drinking control is too high; and (e) the punishment for the prevention of recidivism requires a strict warning for the prevention of recidivism. However, the execution of a sentence shall be postponed by taking into account the fact that there was no same electric power for the last nine years, and there was no punishment heavier than imprisonment without prison labor or heavier, (e) the Defendant’s age, occupation, and family environment; and (e) the probation officer’s preemptive