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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 of the final judgment.
Reasons
Punishment of the crime
On April 7, 2016, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Busan District Court's branch court's branch court.
On October 29, 2019, the Defendant driven a car under the influence of alcohol level of 0.155% from a public parking lot to D from a public parking lot located in the Dong-gu, Busan to a level of about 50 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (reports attached to the previous criminal records and summary orders);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;