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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 August 14, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act at the Daejeon District Court.
【Criminal Facts】
On June 19, 2020, at around 23:55, the Defendant driven Efachis with approximately 600 meters alcohol concentration 0.114% under the influence of alcohol at around 0.114%, from the 600-meter section of the sobatop parking lot located in Dacheon City B around the 23:55.
Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the circumstantial statement, the notification of the result of crackdown on drinking driving, and the result of crackdown on drinking driving;
1. Previouss before and after judgments: Criminal records, inquiry records, investigation status (a confirmation of criminal records and attachment of judgment), application of statutes of the judgment;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
The defendant was punished as a fine for a crime of violation of the Road Traffic Act in 2004 and 2005 and was sentenced to a suspended sentence of imprisonment for the same crime in 2008.
The favorable circumstances: At the time of crime and the mistake are divided.
There has been no criminal power for the last ten years.