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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 19, 2006, the defendant was issued a summary order of 1,500,000 won as a fine for a violation of the Road Traffic Act at the Busan District Court.
On November 8, 2019, at around 00:50, the Defendant driven a spke car under the influence of 0.112% of blood alcohol concentration at approximately 60 meters in the direction of the dwelling of the Defendant located in the Dong-gu, Busan.
Accordingly, the defendant, who violated the prohibition of drinking driving once, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);
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;