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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 March 15, 2017, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 11, 2020, at around 22:54, the Defendant driven a Bsch Rexroth car under the influence of alcohol with approximately KRW 2.8 km from the front of a mutually influorous restaurant in Ulsan-dong to the front road of the 119 Safety Center located in Ulsan-dong, Ulsan-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers (before the market), criminal records, and other inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once to a fine for the same kind of crime; however, there is a confession to the crime of this case; there is no other history of punishment; there is no other history of punishment; the defendant raises minor children; the defendant raises minor children; the defendant's age, environment, blood alcohol concentration and driving distance; and various sentencing factors, such as circumstances after the crime, shall be determined as the order.