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A defendant shall be punished by imprisonment for one year.
except that 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 January 18, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 11, 2019, at around 23:45, the Defendant driven a FM7 car under the influence of alcohol concentration of about 100 meters from the front of the Cju shop located in Daegu Seo-gu B to the front of the Eju shop located in the same Gu D, with approximately 100 meters alcohol concentration of about 0.098%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, and investigation reports (verification of sound driving records)-related Acts and subordinate statutes;
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. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, had the record of having been sentenced to a fine once as stated in the judgment of the court below, again repeated the same crime.
In addition to the above criminal power, the defendant has been punished for the suspension of the execution of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2012.
At the time of the driving of the instant drinking, the Defendant’s blood alcohol concentration is considerably high to 0.098%.
In light of these points, it is necessary to strictly punish the defendant.
However, the fact that the defendant is expected not to repeat a crime after recognizing the fact of crime is considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, home environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by taking into account the following factors.