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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 23, 2011, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on December 18, 2013, a summary order of KRW 4 million was issued in the same court as the same crime.
【Criminal Facts】
On October 22, 2019, at around 23:35, the Defendant driven a ice car with approximately 500 meters alcohol concentration 0.042% under the influence of alcohol from the front of a cafeteria in Yangsan-si B to the front road in Yangsan-si.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry of the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers [the previous record] criminal records, etc., and the application of Acts and subordinate statutes of 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. 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 punished twice for the same crime. However, there is a confession to commit the crime of this case, a mistake has been divided, and there is no record of punishment exceeding the fine exceeding the fine, and other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.