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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] The defendant has five same kind of power as well as a summary order of a fine of 4 million won issued by Busan District Court for a crime of violation of the Road Traffic Act (driving) on July 2, 2015.
【Criminal Facts】
On February 22, 2020, at around 21:30, the Defendant driven C Poter II truck with a blood alcohol concentration of about 0.079% in the section of approximately 2 km from the vicinity of the Busan Jin-gu B market to the front of the Busan Jin-gu bus bus stops located in the same location.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the crackdown on drunk driving, a report on the circumstantial statement of a drinking driver, an investigation report (report on the circumstances of a drinking driver), and an investigation report (investigation into the situation at the same time);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;
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. The fact that probation and community service order Article 62-2 of the Criminal Act are five times the same military force as the reasons for sentencing, and the two times among them are the records of probation of imprisonment (However, the military force of probation is the same as that of 2004 and 2002).