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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
On January 19, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court; on September 6, 2007, the same court issued a summary order of KRW 1.5 million as a fine for the same crime; on August 12, 2010, the Daegu District Court issued a summary order of KRW 2 million as a fine for the same crime.
On January 13, 2020, at around 20:55, the Defendant driven a chip car under the influence of alcohol level of approximately 0.068% in the section of approximately 3 km from the street in the vicinity of the Sodong new Park in Ulsan-gu, Ulsan-si to the same time from the alternative distance of the Goyang-gu, Taeyang-gun to the same time.
The defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);
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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished three times for drunk driving, but all of them have been punished for more than nine years, the fact that the defendant recognized his mistake and reflects his mistake, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment beyond the fine, and other circumstances shown in the records, such as the blood alcohol concentration level and the drinking alcohol level, the age, character and conduct of the defendant, the age, the environment and circumstances after the crime