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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 September 8, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 22, 2006, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 22, 2006, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 3, 2016, respectively.
【Criminal Facts】
On December 29, 2019, at around 05:00, the Defendant driven a FK9 car in the state of alcohol alcohol concentration of about 0.064% at a section of about 500 meters from the road near Ulsan-gu B to the front road in D.
Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the results of the drinking driving control;
1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);
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 fact that there exists a record of being punished three times due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that there is no previous record of punishment exceeding the fine, the fact that there is a family member to support a minor, etc., the fact that the crime is seriously divided, the reason why drinking alcohol and driving under the influence of alcohol, and the occupation, age,