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A defendant shall be punished by imprisonment for one year.
except that 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
【Criminal Power】 On May 2, 2017, the Defendant received a summary order of KRW 1 million from the Busan District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】 On March 26, 2020, at around 00:45, the Defendant driven a F rocketing car under the influence of alcohol leveling 0.158% of alcohol level at about 50 meters from the front of the road located in Suwon-gu Busan, Busan to the front of the Eerc shop in the same Gu D.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drunk driving, a report on the circumstantial statement of a drunk driver, and an investigation report (report on the situation of a drunk driving);
1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;
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. The reason for sentencing under Article 62(1) of the Criminal Act, even though there was a history of punishment for drunk driving, the defendant was engaged in drinking while driving under the influence of alcohol, resulting in a physical accident, and the degree of drinking under the influence of alcohol.
Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.