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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 March 12, 2012, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on March 12, 201, and on June 13, 2014, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.
On March 15, 2020, at around 03:02, the Defendant driven a crush car in the state of alcohol alcohol concentration of about 800 meters from the front of the restaurant located in the name-free city in Yangsan-si to the front of the building in Yangsan-si, Yangyang-si, the Defendant driven a crush car in the state of alcohol level of about 0.080%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving (4) and the circumstantial statement of the drinking driver;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification reports on the same type of force);
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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;