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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 12, 2008, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspension of execution due to a violation of road traffic law in the Daegu District Court Kimcheon Branch, etc. On November 29, 2013, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law in the same court. On March 26, 2014, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution for the same crime in the same court.
On July 17, 2017, around 09:05, the Defendant driven B 2 cargo vehicles with approximately 0.065% alcohol concentration from the 15km section up to the west-ro, while under the influence of alcohol at approximately 0.065% from the 15km section up to the west-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of replys to inquiries, such as criminal history, investigation reports (formers and copies of the decisions attached thereto) and statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including all the conditions of various sentencing specified in the argument of the instant case for sentencing: The following conditions should be taken into account, in particular, given the following circumstances: The opposite circumstances: the degree of reflectivity; the degree of alcohol content in blood is not high; and the disadvantageous circumstances that seem to be regulating the course of attendance: The drinking driving has already been subject to three times or punishment due to drinking for ten years; in particular, the suspension of the execution of imprisonment has been imposed twice;