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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 of the final judgment.
Reasons
Punishment of the crime
On October 17, 2016, the Defendant was issued a summary order of KRW 5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.
Around 07:00 on July 29, 2019, the Defendant, who was punished for drunk driving, driven a CK7 car, which is owned by the Defendant, under the influence of alcohol of about 5km from the section of about 0.169% of alcohol concentration to the road in front of the building B in Busan.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry the results of the drinking driving control;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;