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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On November 23, 2009, the Defendant was issued a summary order of a fine of two million won at the Busan District Court for a violation of the Road Traffic Act.
【Criminal Facts】
On August 5, 2019, around 09:35, the Defendant, as a person who violated the duty of prohibition of drunk driving, driven a DNA car owned by the Defendant, which is under the influence of alcohol concentration of about 0.063% from the 2km section from the roads near the frequency of the trade name “C” located in the Geum-gu Busan Metropolitan Government B to the roads under the bottom of the digging bridge located in the Geum-gu, Busan Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the option of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's attitude of acknowledging and reflecting the crime of this case, the defendant's drinking value and the distance from drinking driving, the defendant's age, character and conduct, environment, motive or circumstance of the crime, the means and method of the crime, the contents and result of the crime, and other various factors of sentencing indicated in the record, such as the circumstances after the crime, etc., as stated in the order