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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
[criminal history] On June 13, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on December 28, 2012, issued a summary order of KRW 5 million as a fine at the Busan District Court.
[2] On November 9, 2020, at around 07:55, the Defendant driven a car in the Cnish-gu, under the influence of alcohol level of about 0.063%, from around 4km to the road before the entrance of the 1,000-dong, Busan-dong, Busan-dong, to the road before the entrance of the 1,000-dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on the actual condition of the driver concerned, a statement on the circumstances of the driver concerned, and a report on the situation of the driver concerned on accident;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to drinking driving force);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act shall be taken into account, such as two times a driving without a license, one time a driving without a license, and the amount of alcohol concentration in blood.