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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 12, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law in the Jeonju District Court’s Gunsan Branch, and was sentenced to one year imprisonment with prison labor for the same crime in the same court on May 15, 2008 and so on at least two occasions.
On April 27, 2016, while under the influence of alcohol content of 0.084% among blood transfusion around 16:40 on April 27, 2016, the Defendant driven a vehicle B with low alcohol level from around 4km to the Domin village in the same city-dong, Jeollabuk-si, Jeollabuk-do.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. A driver's license inquiry;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. As the defendant, who has been punished as a sentence due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Code of the suspended sentence, repeats drinking and requires a strict punishment against the defendant.
However, the punishment as ordered shall be determined by taking into account the fact that the defendant has recognized and reflected his/her mistake, and all other circumstances constituting the conditions for sentencing, such as the age, sex, and environment of the defendant.