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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 15, 2019, the Defendant was issued a summary order of two million won or more as a crime of violating the Road Traffic Act at the Busan District Court.
around 00:02 September 11, 202, the Defendant, as a person who violated the duty of prohibition of drunk driving, driven B rocketing vehicles under the influence of alcohol with approximately 400 meters alcohol concentration of approximately 0.058% from the roads in front of the gold station in the 465-dong, Simpo-dong, Simpo-dong, from September 11, 202 to the roads in front of the public parking lot under the ground.
Summary of Evidence
1. Inquiry into the result of the defendant's legal statement crackdown on drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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;