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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 30, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving). On May 18, 2009, the Defendant was issued with a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s branch branch on July 24, 2013. On July 14, 2013, the Defendant was issued with a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On July 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and for a suspended sentence of two years.
On April 8, 2020, at around 23:20, the Defendant driven a epoter II freezing vehicle while under the influence of alcohol content of about 0.168% from the front road in Daegu Seo-gu B to the front road in the same Gu D.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act at least once, was driving under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, car inquiry, mandatory insurance, CCTV image images, CDs, and black image photographs;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of criminal records);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant recognized the instant crime, etc. is favorable to the Defendant.
However, the Defendant had already been punished for the same kind of crime such as drunk driving, etc., and the Defendant was sentenced to a suspended sentence of two years for the six-month period of imprisonment with prison labor due to the violation of the Road Traffic Act in the Western Branch of the Daegu District Court on July 14, 2014.