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A defendant shall be punished by imprisonment for six months.
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 14, 2009, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court Kimcheon-do branch on September 14, 2009, and on December 2, 2015, a fine of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court.
【Criminal Facts】
On April 25, 2019, around 00:27, the Defendant was a person with two or more drinking skills as above, driving a mixed car owned by the Defendant, who was under the influence of alcohol level of about 0.096% in the section of about 300 meters from the front of the Busan Citizen Park, which was located in the Busan Citizen Park, to the front of the 1 Public Security Center located in the 52nd of the Busan Jinyang-gu, Busan, for about 73 meters from the front of the Busan Citizen Park.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the control of drinking driving;
1. Previous records: Application of second-class Acts and subordinate statutes of a written inquiry inquiry, such as criminal records, and a summary order of the same electric shock;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;