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A defendant shall be punished by imprisonment for one year.
except that 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 December 1, 2017, the defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act at the Busan District Court on December 1, 201.
Although the Defendant was under the influence of alcohol as above, on August 19, 2020, while driving a EX-sports car at around 05:19 on August 19, 2020, the Defendant was under the influence of alcohol at approximately 0.137% of the blood alcohol concentration in front of the 10-meter road of the Busan Shipping Daegu Building.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished as a drunk driving, he/she was driving under the influence of drinking, and the degree of his/her driving under the influence of drinking.
Considering the criminal records of the defendant and the risk of drinking driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized and reflected, the punishment as ordered shall be determined by taking into account all the circumstances of sentencing as shown in the records and arguments, including the age, character and conduct, family relationship, and circumstances before and after the crime.