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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 February 27, 2019, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on February 27, 201, and a summary order of KRW 1 million to a fine in the same court on November 10, 2003.
On November 5, 2019, at around 21:05, the Defendant driven a liquid sports vehicle with approximately KRW 500 meters alcohol level 0.058% under the influence of alcohol level 0.058% from the road near Ulsan-gu B market, Ulsan-gu to the above road of the Ulsan-gu B market.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the results of the control of drinking driving, the report on the state of drinking drivers, the written statement on the blood collection request and the written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (report attached to the same kind of power);
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. Probation, community service order and order to attend the course of the punishment under Article 62-2 of the Criminal Act are to be determined as ordered by taking into account the following circumstances: (a) the accused has led to the instant crime and has been repented; (b) the accused has a record of drinking driving twice; and (c) the accused has a record of blood alcohol concentration and alcohol level; (d) the distance and age of drinking alcohol driving; (e) the age; (e) character and conduct; (e) the motive, means and consequence of the offense;