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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] The Defendant was sentenced to eight months of imprisonment with prison labor on June 20, 2008 due to a violation of the Road Traffic Act (dacting driving) in the support of the Suwon Friwon Frigwon.
[Criminal facts] On October 15, 2020, the Defendant operated D 3 freight cars owned by the Defendant from the front road of Ansan-si, an Ansan-si to the front road of about 600 meters from around 0.218% of alcohol level among blood transfusion around 18:34, 2020 to the front road of the same Gu.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site survey report, photograph list (including the notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, the statement report on the situation of the driver under the influence of drinking, etc.), the ledger of driver's license, and previous records of making a tea: The application of a reply to inquiry, such as criminal history, and a report on investigation (including a copy of the attached judgment) (including a copy
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) regarding criminal facts and Articles 53 and 55(1)3 of the Criminal Act regarding mitigation of small amount of punishment (amended by imprisonment)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was sentenced to a punishment for a violation of road traffic law in the Suwon District Court's Ansan Branch in 2008, and committed a second offense despite the number of criminal records.
In addition, at the time of the crime, the alcohol concentration of the defendant's blood is considerably high.
However, the fact that the defendant recognizes the crime of this case and is against the defendant, that the defendant is driving a vehicle in the state of drinking, that there is no record of criminal punishment since 2008, that there is no intention for the defendant not to repeat again while disposing of the vehicle, that the defendant clearly expresses his intention not to repeat again, and that the health of the defendant is not good at present, etc. shall be considered as favorable circumstances.
The age, occupation, and sex of the defendant.