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A defendant shall be punished by imprisonment for one year.
except that 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 December 27, 2007, the Defendant was issued a summary order of KRW 2 million at the Busan District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 01:00 on December 14, 2019, the Defendant: (a) driven a car with approximately 2m-meter section while under the influence of alcohol content of about 0.136% in the vicinity of the public parking lot in the same subway station located in the Busan East-gu, Busan.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Investigation reports (report on the circumstances of an employee) and investigation reports;
1. Previous records: The application of criminal records, inquiry and other 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. The grounds for sentencing under Article 62(1) of the Criminal Act are against the defendant, there is no previous conviction exceeding the fine, the defendant's health status is not good due to brain species, etc., and the defendant's age, character and conduct, environment, and circumstances after the crime, etc. as stated in the arguments of this case shall be determined as ordered by considering various sentencing conditions as stated in the arguments of this case.