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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
On March 30, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Busan District Court to a fine for a violation of the Road Traffic Act on December 28, 2017, respectively.
On December 3, 2019, at around 10:00, the Defendant driven a car from the Busan Shipping Daegu apartment parking lot to the second floor parking lot of Busan Dong-gu, to the second floor of the building in Busan, with a blood alcohol concentration of about 0.127% under the influence of alcohol.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Application of investigation reports (verification of punishment records for drunk driving of a suspect) Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant again committed the instant crime even though he/she had the record of being punished for the same kind of crime, taking into comprehensive account the following factors such as the defendant's blood alcohol density, the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.