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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 October 21, 2009, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on April 16, 2013, from the Busan District Court’s Branch Branch.
The Defendant is the driver of a rocketing motor vehicle B.
On November 18, 2019, the Defendant driven a volume of approximately 500 meters from the luminous C to the roads adjacent to D E in the same City, while under the influence of alcohol of 0.030% of alcohol content in blood around 21:49.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the control of drinking driving; and
1. Investigation report (Report on the status of an employee);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in this case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.