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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 15, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Ulsan District Court.
On September 22:47, 2020, the Defendant driven Cho-do in the state of alcohol alcohol concentration of approximately 0.086% in the 1km section from the front of Ulsan-gu B, Ulsan-gu to the Seongbuk-gu northwest-do, Ulsan-do, Ulsan-do, to the gender high-priced road.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement of the defendant in court and each investigation report;
1. Inquiries into the results of crackdown on driving alcohol, reports on the circumstances of drivers, reports on the situation of driving alcohol, and inquiries into the following:
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same type of force)-related Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.
Unfavorable circumstances: The defendant has been punished by a fine in 2004 and 2017 due to drinking, and the defendant's blood alcohol concentration is considerably high at the time of driving, etc.; Considering the fact that the defendant recognized all of the crimes of this case, and the defendant repents and reflects his mistake, etc.