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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 three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 15, 2009, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.
No one shall drive a motor vehicle under the influence of alcohol, and the said provisions shall not be violated twice or more.
Nevertheless, at around 22:36 on November 21, 2019, the Defendant driven a e-wing 3 truck while under the influence of alcohol 0.076% of the blood alcohol concentration from the front line of Hong-gun, Hong-gun to the front line of D in the same military sector C.
Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Previous convictions: Criminal records, investigation reports, judgment attached thereto, application of summary order Acts and subordinate statutes;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had been sentenced several times due to drinking driving in the past, and the nature of the instant crime is not good.
However, the sentencing conditions, such as the defendant's mistake, the fact that the defendant has no record of criminal punishment heavier than the suspension of execution, the circumstances of the crime in this case, the degree of drinking, the recovery and frequency of punishment due to drinking driving (no record has been punished for the last ten years), the age, character and conduct of the defendant, shall be determined by taking into account all the factors of the punishment as ordered.