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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 November 21, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court.
On May 14, 2020, at around 17:55, the Defendant driven “C” parking lot located in Sinnam-gun B from around 400 meters to D’s road, while under the influence of alcohol of about 0.220% of blood alcohol concentration, the Defendant driven the E salary class III cargo vehicle from “C” parking lot located in Sinnam-gun B to D.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);
1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55(1)3 of the same Act (Article 55(1)1 of the same Act does not relax the case in light of the blood alcohol concentration and the records of the same kind of crime, but not repeating the crime in depth, there is no record of criminal punishment heavier than the suspension of the execution of imprisonment, and all other circumstances constituting the conditions of sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);
1. Order to attend lectures under Article 62-2 of the Criminal Act;