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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
[criminal power] On September 8, 2015, the Defendant is a person who has received a summary order of a fine of KRW 3 million from the Ulsan District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On November 8, 2019, at around 21:11, the Defendant driven a D low-speed car in the state of alcohol with approximately 600 meters alcohol concentration of approximately 0.040% from the distance of approximately 600 meters to the roads adjacent to the C in Ulsan-gun, Ulsan-do.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to inquiry reports, such as inquiry reports on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver (pre-posted records), criminal records, and investigation reports (report on confirmation of the same kind of force);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Legal Penalty: Imprisonment with prison labor for not less than two years but not more than five years, or a fine of not less than ten million won but not more than 20 million won] have been sentenced once for the same crime. However, there is a confession to commit the crime of this case, a mistake has been divided, and there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, other factors of sentencing, such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.