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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 16, 2017, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act from the Busan District Court's branch branch court.
On December 14, 2019, at around 00:40 on December 14, 2019, the Defendant driven Cmaz car with a blood alcohol concentration of 0.206% under the influence of alcohol in the three-meter section of the front road of Kimhae-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. A report on investigation;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, the developments leading up to driving and detection, driving distance, criminal records of the same kind of accident, and the occurrence of accident as major sentencing factors; (b) the defendant acknowledges his/her mistake and again does not make the same mistake; and (c) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) comprehensively takes into account all sentencing conditions as indicated in the arguments, such as the circumstances after the crime, to determine the sentence as ordered and suspend the execution of the sentence on the premise