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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On January 8, 2013, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Military Mountain Support by the Jeonju District Court on January 8, 2013.
【Criminal Facts】
On December 26, 2019, the Defendant was under the influence of alcohol with 0.080% of blood alcohol concentration around 21:30 on December 26, 2019, and was driving a F SP car from approximately 20 meters to E convenience stores in the same city D from the frontway in military mountain city B to the frontway of the E convenience stores in the same city.
As a result, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;
1. Previous convictions in judgment: The application of criminal records and investigation reports (Evidence No. 9)-related 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. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act are recognized and against the crime of this case, the fact that there was a record of punishment for the crime of driving under the same kind of drinking, and all the conditions of sentencing recorded in the records, such as the defendant's age, character, conduct and environment, and the circumstances before and after the crime of this case, shall be determined as ordered by the court