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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 November 3, 2008, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act; on September 4, 2014, the same court issued a summary order of KRW 1.5 million for the same crime; and on December 23, 2015, the same court issued a summary order of KRW 5 million for the same crime.
On March 24, 2020, at around 20:55, the Defendant driven a car with a fluent alcohol level of about 530 meters from the front of a D cafeteria near Ulsan-gu Cdong Administrative Welfare Center to the front of the Ulsan-gu E apartment, Ulsan-gu., the Defendant driven a car with a fluent alcohol level of about 0.04% under the influence of alcohol.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of three copies of a summary order to the Acts and subordinate 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the fact that there has been three times of punishment due to drinking operation: one's mistake and reflects his mistake, the fact that there is no previous conviction exceeding the fine, and the drinking water is relatively low; and