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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 became final and conclusive.
Reasons
Punishment of the crime
On June 18, 2007, the defendant was issued a summary order of KRW 2 million by the Busan District Court as a crime of violation of the Road Traffic Act.
At around 03:50 on November 2, 2019, the Defendant driven C rocketing car at approximately 3 km from the roads of mutual influence in the Seo-gu Busan Eastdong to the roads of Busan Jung-gu, Seo-gu, Busan, while under the influence of alcohol of 0.08%.
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;