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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Criminal Power】 On May 3, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 3, 2010; on September 29, 2010, by the same court, two years of suspended execution for six months; and on December 24, 2014, a fine of KRW 5 million for the same crime at the same court.
【Criminal Administration” around 02:40 on September 27, 2020, the Defendant driven a vehicle E in the state of alcohol with approximately 400 meters alcohol concentration of about 0.071% from the 400-meter section to the roads of the D Administrative Welfare Center located in C from the front of the Defendant’s residence located in Nam-gu, Nam-gu, Nam-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of violations of the Road Traffic Act, reports on the state of the driver's license and statement, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, the degree of blood alcohol content, fines for violation of the Road Traffic Act in 2001, fines for violation of the Road Traffic Act in 2002, and fines for violation of the Road Traffic Act in 2004, and penalties for violation of the Road Traffic Act in 2004 shall be taken into account.