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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 October 30, 2008, the Defendant issued a summary order of KRW 1.5 million to the Ulsan District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million to the Daegu District Court racing support on May 6, 2010.
【Criminal Facts】
Although the Defendant had a record of violating the prohibition of drunk driving as above, on August 14, 2020, at around 01:25, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.104% from the 1km section from the front side of the C Party, the C Party in Sin-si B to the front side of the same Sin-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. An inquiry report, such as a criminal history;
1. Application of Acts and subordinate statutes on investigation reports;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors