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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
On October 1, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act.
On July 18, 2019, at around 06:50 on July 18, 2019, the Defendant, who was punished for drunk driving, driven a Cpoter Ⅱ in the state of alcohol with approximately 1k alcohol concentration of about 0.083% from the section of approximately 1k, from the road near the Defendant’s residence located in Busan Southern-gu B to the Dongcheon-dong located in Busan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Report prior to judgment: Application of criminal history records, inquiry reports, and summary order statutes;
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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201; Supreme Court Decision 201Do148, Apr
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;