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Defendants shall be punished by imprisonment for one year.
However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal history] On September 15, 2010, Defendant A was issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking driving) at the Seogu District Court Branch Branch of the Daegu District Court on September 15, 2010, and a summary order of KRW 2 million for the same crime at the Daegu District Court on February 5, 2016.
Defendant
B on May 1, 2008, the Daegu District Court issued a summary order of KRW 1,50,000 as a crime of violating road traffic law (drinking driving) at the Seog Branch of the Daegu District Court.
[Criminal facts]
1. On May 2, 2020, the Defendant driven a Epoter II cargo vehicle while under the influence of alcohol concentration of about 0.076% in a section of about 100 meters from the Do in front of Daegu-gu, Daegu-gu to the front road of the same Gu from May 2, 2020 to D.
2. On May 2, 2020, Defendant B driven a Fpoter II cargo vehicle while under the influence of alcohol concentration of about 0.09% from the 100 meters away from May 2, 2020 to the front road of the same Gu from the Do in Daegu-gu, Daegu-gu, Seoul-do to the front road of the same Gu.
Summary of Evidence
1. Defendants’ respective legal statements
1. Report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, a statement on the circumstances of a driver of each driving school, and notification of the results of regulating drinking driving;
1. Previous conviction: Inquiry into criminal history, investigation report, application of summary order-related Acts and subordinate statutes;
1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act (or the choice of imprisonment) concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount;
1. The Defendants, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, have been punished for the same crime, but they also drive drinking at once, etc. is disadvantageous.
However, the defendants led to the confession of the crime of this case and repent of mistakes, the defendants have no record of punishment exceeding fines, and the defendants have to take into account all the sentencing conditions of the arguments of this case, such as the age, sex, environment, family relationship, means and result of the crime, and the circumstances after the crime, etc., and determine the punishment as ordered.