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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 December 18, 2012, the Defendant was sentenced to a summary order of KRW 3 million by a Busan District Court for a violation of the Road Traffic Act, and on July 9, 2014, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 5 million by the same court.
On June 23, 2019, around 23:03, the Defendant driven a Fpoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.068% from the 1km section to the front road of the “E” located in the Gangseo-gu Busan, Busan.
Accordingly, the defendant violated the prohibition of drinking driving more than three times.
Summary of Evidence
1. Defendant's legal statement;
1. Investigative report (in respect of refusal of sealing), and inquiry into the results of the drinking driving control;
1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor for the crime
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the circumstances unfavorable to the defendant, even if the defendant was sentenced to a fine on a multiple occasions as stated in the judgment of the court below, due to drinking driving.
However, considering the circumstances favorable to the defendant that the defendant does not cause a traffic accident to realize the risk of drinking driving, and that the defendant has no record of being sentenced to a suspended sentence of imprisonment or heavier punishment.
In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.