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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
[Criminal Power] On August 23, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 27, 2019, at around 23:15, the Defendant driven a motor vehicle B under the influence of alcohol with approximately 300 meters alcohol concentration of 0.056% at a section of about 300 meters from the front to the front road of the entrance of the Taegi Park in the same Dong-gu, Busan.
Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant was punished once due to drunk driving, even though he/she had a record of serving a fine, he/she is also under the influence of drinking driving.
However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.