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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 March 24, 2017, 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 branch court.
On June 26, 2020, the Defendant, as a person who violated the duty of prohibition of drunk driving as above, driven a radar car in the state of alcohol of about 0.148% of blood alcohol concentration from the public parking lot next to the Busan Jin-gu B apartment, Busan to the amban intersection in the same Gu.
Summary of Evidence
1. Inquiry into the defendant's legal statement, the record of the drinking driving control;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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;