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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
On May 30, 2012, the Defendant was issued a summary order of 2,500,000 won for a fine due to a violation of the Road Traffic Act in the Busan Dong Support.
On March 7, 2020, around 06:54, the Defendant driven the E 5-car while under the influence of alcohol content of approximately 2 km from 0.089% to the roads before D elementary school located in the same city as D elementary school located in the same city B from 06:54.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers (the previous records), criminal records, etc., and to investigation reports (the confirmation of criminal records of drinking alcohol driving) and the application of statutes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime. However, the confession of the crime of this case has been made and the mistake has been divided as well as there has been no other history of punishment, and other factors of punishment have been taken into account, such as the defendant's age, environment, blood alcohol concentration and driving distance, and conditions after the crime, etc., the punishment shall be determined as ordered by the order.