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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
[Power of crime] On January 10, 2019, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Seo branch on January 10, 201.
[2] On July 25, 2020, around 01:14, the Defendant driven a C rocketing car under the influence of alcohol with approximately 76km alcohol concentration of 0.075% from the 76km section to the point where 29.6km away from the road in front of the Busan Seo-gu, Busan Metropolitan City to the point where it was located in the Gandong-gun.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Report on the circumstances of driving under the liquor:
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect A drinking skills) statute;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is highly likely to repeat the crime of drinking again because he/she was punished for driving under drinking.
The defendant recognizes his own crime.
There is no power of punishment heavier than a fine due to the same crime.
In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstance of each of the crimes of this case, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.