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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 March 30, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court’s branch court’s branch court.
【Criminal Facts】
around 20:55 on January 14, 2020, the Defendant driven an E 9-car while under the influence of alcohol with approximately 0.074% of alcohol level from the 300-meter section from “Cma” to D in Busan-gun, Busan-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to confirm the criminal suspect's records of drinking driving;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the fact that there is no other criminal record except a fine once the reason for sentencing under Article 62-2 of the Criminal Act; (b) the background and distance of drinking driving; (c) the blood alcohol concentration; and (d) the records and arguments of this case;