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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 of the final judgment.
Reasons
Punishment of the crime
The Defendant, on January 30, 2012, was the facts charged on December 10, 2011. However, according to the investigation report (Attachment of Summary Order) as of January 30, 2012, the Defendant corrected the facts charged as above.
The Ulsan District Court is a person who has three times of criminal records of the same kind, including the issuance of a summary order of a fine of three million won for a violation of the Road Traffic Act (driving).
Around 15:05 on March 10, 2020, the Defendant driven a dsch-ton car at approximately 50 meters away from the front road of the building in front of the Busan Geum-gu B apartment, Busan, while under the influence of alcohol, which is 0.142% of alcohol level.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Statement by the defendant in this court;
1. Statement of the police suspect examination protocol against the accused;
1. Statement of the traffic accident report (1) and (2) (2);
1. Statement of the results of the drinking driving control;
1. Statement of the investigation report;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in which references to criminal records and investigation reports (attached to a 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act;
1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order, has been subject to seven times of punishment, and among them, three times of punishment for the same crime as this case is included, and the blood alcohol content at the time of this case is very high to 0.142%, one year of imprisonment was selected.
However, in addition to probation and community service order, the execution of the above sentence shall be suspended for two years in consideration of the circumstances such as the confession of the criminal defendant, the criminal records of the criminal defendant, the punishment records of the criminal defendant are both fines and the driving distance is not long.