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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 July 1, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.
On September 21, 2019, at around 20:30, the Defendant driven ENAS vehicles at approximately 3 km from the vicinity of the Seoul golf driving range in Ulsan-gu to the vicinity of the same Gu, while under the influence of alcohol of 0.104% of blood alcohol level.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (an investigation into the State and a result of a hydromark appraisal and the re-application of the abovedmark formula), investigation report on the application of the abovedmark formula, the crackdown on drunk driving, the reporting on the state of drinking drivers, the statement on the state of drinking drivers, and requests for response to expert
1. Application of Acts and subordinate statutes, such as each criminal record, reply, summary order, etc. under the Ulsan District Act (2005 high ranking and approximately 21910);
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. Article 62 (1) of the Criminal Act;
1. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;