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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On June 26, 2017, the Defendant was sentenced to one year and three months of imprisonment for embezzlement of military supplies that have been occupied by the High Military Court for Armed Forces, and the parole period was expired on August 14, 2018 and the parole period was expired on December 21, 2018. On June 5, 2007, the third general military court for the Army of the third general army of the Army issued a summary order of KRW 4 million and received a summary order of Article 44 (1) of the Road Traffic Act.
【Criminal Facts】
On April 12, 2020, at around 00:01, the Defendant driven a DNA ball-free car with approximately 70 meters alcohol concentration 0.122% under the influence of alcohol from around 00 meters to the front of the road B in the front of the Sincheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, notification of the results of crackdown on driving under the influence of alcohol, photographs of vehicles, report on the state of a driver under the influence of alcohol, and inquiry into the results of crackdown on
1. References to inquiries, such as criminal records, personal acceptance status, summary order, application of court rulings, and statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.
In addition, there was no damage to others.
The defendant has not been found to have been drunkly driven after 2007.
However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.
The blood alcohol concentration measured is considerably high by 0.122%.
In the past, the defendant was sentenced to a three-time fine due to drinking and driving without a license, but he was also driving at once.
The defendant has been sentenced two times to imprisonment for other crimes, and it is impossible to sentence a suspended sentence because he committed the crime of this case during the period of repeated crime.
(The sentence of actual punishment shall be sentenced, but the lowest sentence of punishment shall be included).