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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 becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On May 15, 2018, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch support on May 15, 2018.
【Criminal Facts】
On January 26, 2020, at around 08:23, the Defendant driven a C Sti-type car under the influence of alcohol at approximately 1 kilometer from around the main week in the vicinity of the death power plant of the Daegu-si, Seogu to the front road of the same Gu to approximately 0.102% (0.102%).
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, the notification of the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions: Application of criminal records and Acts and subordinate statutes;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture is relatively high, it is hard to say that not only the same kind of fine, but also the same as the case does not have any power, and it is hard to say that a person would not drive a drinking again while reflecting his depth, the circumstances surrounding the drinking driving, the course of the drinking driving, the distance of the drinking driving, and all other circumstances revealed in the records and arguments of this case shall be determined as per the Disposition.