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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 three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal power] On October 20, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court on August 201. On March 14, 2011, the Defendant issued a summary order of two million won for a violation of the Road Traffic Act at the Changwon District Court on March 14, 201. On October 1, 2009, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court.
【Criminal Facts】
On October 22, 2019, at around 21:50, the Defendant driven a F B-be cruise car while under the influence of alcohol concentration of about 0.054% at the section of about 10 meters from the parking lot of Kim Sea to the front road of Kim Sea.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning 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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a traffic accident, and thus, it may cause damage not only to the driver but also to other infinites' lives and property. Therefore, a serious punishment is needed.
The defendant also has five criminal records of the same kind of crime, and one of them is sentenced to a suspended sentence of imprisonment.
However, the defendant's occupation, economic situation, family relation, age, character and conduct, environment, motive, means, results, and other factors of sentencing as shown in the trial process of this case shall be determined as ordered by comprehensively taking into account the following factors.