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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 April 1, 2011, the Defendant received a summary order of KRW 3 million from the Seoul Northern District Court to a fine of KRW 1 million, and on September 22, 2015, a summary order of KRW 4.5 million from the Busan Northern District Court to the same crime.
On June 2, 2019, around 06:30 on June 2, 2019, the Defendant had been punished for drunk driving twice or more as above, but driven CB-related cars under the influence of alcohol with approximately 0.124% of alcohol level from the section of about 5km from the front side of the Busan Southern-gu, Busan-gu to the front side of the second side of the port northwest-gu, Busan-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. In view of the fact that the Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been subject to punishment several times for the same kind of crime, the Defendant’s liability for the crime is not somewhat weak.
However, in comprehensive consideration of the fact that the defendant is against the mistake, the situation of the driving of the case, the age, character and conduct, environment, family relationship, etc. of the defendant, and various conditions of sentencing as shown in the public trial after the crime is committed, the punishment shall be determined as per the order.