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A defendant shall be punished by imprisonment for a term of one year and two months.
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 April 8, 201, the Defendant was punished for the violation of the Road Traffic Act (driving) including the issuance of a summary order of a fine of KRW 5 million at the Busan District Court on the grounds of the violation of the Road Traffic Act (driving) on two occasions.
【Criminal Facts】
On September 15:23, 2019, the Defendant driven DK5 car at approximately one meter in 1 meter while under the influence of alcohol level of 0.239% on the side after Kim Jong-si located in Kimhae-si B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc.
Unfavorable circumstances: The defendant has the record of being punished twice for the same crime, and there are other previous records related to traffic, the blood alcohol concentration is high, and the driver's vehicle accident occurs while driving: The defendant confessions and reflects, the driving distance is relatively short, the driving distance is relatively short, and there is no record of being punished in excess of the fine.