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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 June 29, 2007, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On July 11, 2019, around 09:57, the Defendant driven a dial vehicle under the influence of alcohol content of 0.173% at approximately 15km from the Do in front of C, which was located in Gangwon-si B, to the road near the entrance of the dongdong-gu, which was located in Gangwon-do, at the time of Gangwon-do.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the fact that a suspect is re-offendered);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A relatively high degree of blood alcohol concentration, favorable circumstances that are favorable to the fact that a person has been punished several times due to the same kind of crime, etc.: A confession and reflect, the fact that he/she does not repeat the crime, the fact that he/she has been punished for the same kind of crime, and that ten years or more have passed since he/she was punished for the same kind of crime, and other circumstances shown in the pleadings of this case, including the defendant's age, character and behavior, environment, family relationship, motive and consequence