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A defendant shall be punished by imprisonment for not less than eight months.
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
On September 11, 2006, the Defendant received, from the Daegu District Court, a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, the summary order of KRW 1.5 million for the same crime at the same court on December 4, 2008, the summary order of KRW 1.5 million for the same crime, and on August 30, 201, the summary order of KRW 5 million for the same crime from the vice branch of the Daegu District Court on August 30, 2016.
On April 21, 2019, the Defendant, while under the influence of alcohol 0.105% at around 23:45 on Apr. 21, 2019, driven a car from approximately 500 meters from the Do in front of the Daegu-gu B market to the front road of the same Gu C, while driving a car at approximately 500 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: The application of criminal records, references to criminal records, and Acts and subordinate statutes to report criminal investigation by the prosecution;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is 4 times or more that the defendant was punished for drinking driving, and the social interest in eradicating harm caused by drinking driving is concentrated, and the drinking driving is unburged without facing it, and the degree of blood alcohol level at the time of the crime in the judgment below exceeds the revocation of license, etc., the defendant will choose imprisonment with prison labor at a strict warning level as it is likely to pose a risk of recidivism: Provided, That there is no punishment of imprisonment without prison labor or heavier, the execution of the sentence shall be suspended by taking into account the fact that the defendant was actually punished by imprisonment without prison labor or heavier, the fact that the vehicle was disposed of by the crime, and the defendant's age and family relationship, but the efficient supervision and supervision of the probation officer and the systematic education of compliance driving