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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 22, 2016, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act in the Daejeon District Court's subdivision support on August 22, 2016. On November 7, 2018, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (e.g., refusal of measurement) in the Jeonju District Court's military mountain support on November 7, 2018, and the suspended sentence becomes final and conclusive on November 15, 2018.
Criminal facts
At around 16:30 on April 14, 2020, the Defendant driven D Poter Cargo Vehicles from about 300 meters at the 300-meter section from Yasan-si B to C, while under the influence of alcohol content of 0.134%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;
1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., amounts of dispositions, previous records, and reporting results;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 recognizes and reflects the instant crime. However, the Defendant was sentenced to each of the fines once for drinking driving in 2006, once for drinking in 2008, once for drinking in 2008, once for drinking in 2016, once for drinking in 2016, and one time for driving under the influence of drinking in 2016, despite being sentenced to the suspension of the execution of 2 years in 10 months due to the crime of the Road Traffic Act (non-licensed driving) and the violation of the Road Traffic Act (Refusal of Drinking) on November 7, 2018, the Defendant committed the instant crime during the suspension of the execution of 2 years, and the Defendant committed the instant crime during the suspension of the execution of 3 years in 20 years, taking into account the following factors