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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
The Defendant received a fine of KRW 700,000 from the Daejeon District Court on October 23, 2008 as a violation of the Road Traffic Act (driving).
On October 23, 2020, at around 22:25, the Defendant driven a B-low-income vehicle under the influence of alcohol content of about 0.107% in a section of approximately 1.5km from the front of a restaurant where it is impossible to know the trade name in the Eup/Myeon of A-si, Busan to the front of a pedestrian traffic lane located in the new Myeon of A-si, Sinsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of investigation status (Attachment to the previous summary order of the same Dong), and application of statutes of one copy of the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The decision of the suspended sentence under Article 62(1) of the Criminal Act shall be made in the same way as the disposition, in consideration of the fact that the defendant was punished for the crime of violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is considerably high, the defendant recognized a crime, the fact that the defendant is aged, etc.