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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 power] On August 22, 2013, the Defendant was issued a summary order of a fine of three million won at the Ulsan District Court for a violation of the Road Traffic Act.
【Criminal Facts】
On October 17, 2019, at around 21:35, the Defendant driven a C-crin vehicle under the influence of alcohol content of approximately 1 km from the front of the commercial building located in the Dong-dong, Ulsan-gu, Ulsan-gu to the front road of the Ulsan-dong, Ulsan-gu. The Defendant driven a C-crin vehicle under the influence of alcohol content of about 0.190%.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to report on investigation (report attached to the same kind of power);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
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 the fact that a person has been sentenced to a fine once (2013) due to the driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that a person sells a vehicle with a high drinking value, sells the vehicle, repents the crime, engages in workplace life, and the health and economic conditions of the defendant are not good;