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A defendant shall be punished by imprisonment for one year.
except that 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 June 1, 2016, the Defendant issued a summary order of KRW 1 million at the Daegu District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 28, 2019, at around 00:35, the Defendant driven a DNA car with a blood alcohol concentration of about 0.137% in the section of approximately 1k from the road front of the “C” restaurant located in Seogugu-gu, Daegu to the Pyeongtaek Underground Road located in Daegu-gu.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the confirmation of occurrence of the case and report on investigation (report on the situation of the employee’s driver);
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Criminal records as indicated in the judgment: Criminal records, etc. inquiry report (A), investigation report (attached documents twice the previous two-time reports on the control of drinking driving), investigation report (verification of suspect driving records), and application of Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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, even though the Defendant had had the record of having been sentenced to a fine twice due to drinking driving, once again repeated the same crime.
At the time of the driving of the instant drinking, the Defendant’s blood alcohol concentration is considerably high by 0.137%.
In light of these points, it is necessary to strictly punish the defendant.
However, as seen earlier, the following facts are considered as favorable to the defendant: (a) the defendant is expected not to repeat a crime by recognizing the fact of crime; and (b) the fact that there is no record of criminal punishment other than the fine imposed twice due to drunk driving, etc.; and (c) the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, etc., are revealed.