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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
【Criminal Power】 On December 9, 2008, the Defendant was issued a summary order of KRW 4 million by the Daegu District Court on the grounds of a violation of the Road Traffic Act, etc., and on December 15, 2014, the same court issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act.
【Criminal Facts】 Although the Defendant had a record of violating the provision prohibiting driving under the Road Traffic Act, at around 12:30 on January 25, 2020, the Defendant driven C food cars with a blood alcohol content of about 0.106% under the influence of alcohol from approximately 45km to the front road of Daegu Suwon-gu, G, and the road, Daegu-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and written statement on the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes of a summary order attached to a criminal history record inquiry and a criminal investigation report;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The reason for sentencing under Article 62-2 of the Criminal Act, even though it had already been punished for drinking driving, causing danger of traffic repeatedly.
Although so-called the so-called sucking, the blood alcohol concentration level is high.
However, in consideration of the fact that a mistake is recognized and that a drinking driving is unemployed, the execution of a sentence shall be suspended after discretionary mitigation, and the punishment shall be determined as ordered by imposing a compliance driving lecture course to prevent recidivism.