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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 October 12, 2011, the Defendant was issued a summary order of two million won by a fine for a violation of the Road Traffic Act at the Busan District Court. On September 5, 2016, the Defendant was issued a summary order of five million won by a fine at the Changwon District Court on September 5, 2016.
On October 3, 2019, at around 03:18, the Defendant driven CM5 car under the influence of alcohol with approximately 12k alcohol concentration of about 0.112% from the section of approximately 12km from the roads near the B market in Yangsan-si to the summer-gu in Busan Geum-gu.
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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the Defendant again committed the instant crime even though he/she had the record of punishment for the same kind of crime, the Defendant’s blood alcohol density, the Defendant has no record of crime exceeding the fine, and other various conditions of sentencing as shown in the public trial, such as the Defendant’s age, character, conduct, and environment, shall be determined as ordered by a comprehensive consideration