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A defendant shall be punished by imprisonment for six months.
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 October 23, 2006, the Defendant received a fine of two million won as a crime of violation of the Road Traffic Act from the Busan District Court's Branch Branch on October 23, 2006, and a summary order of four million won or more as a fine in the same court on May 30, 2007, respectively.
Nevertheless, on February 27, 2019, at around 23:28, the Defendant driven a B New EF rocketing car under the influence of alcohol content 0.143% from the 1km section to the front road of the luminous Police Station, which is digitalized, from the road near the luminous Lighting-dong, in light of the luminous intensity around 23:28.28.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal history records, investigation reports (verification of punishment records for drunk driving at least twice) and the application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62-2 of the Criminal Act, criminal records of the defendant, blood alcohol concentration, driving distance, etc.