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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 November 13, 2009, the Defendant was issued a summary order of KRW 2.5 million with fines due to a violation of the Road Traffic Act (driving) at the Busan District Court, and KRW 4 million with fines due to the same crime, etc. at the Daegu District Court Port Branch on April 30, 2015.
【Criminal Facts】
On January 18, 2020, at around 00:35, the Defendant driven a motor vehicle in the Sti-type B while under the influence of alcohol content of about 0.147% at a section of approximately 400 meters in front of the middle distance in front of a restaurant that is located in the window of Changwon-si, Changwon-si, in front of the same middle distance in the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the results of the control of drinking driving, notice of the completion of correction, report on the state of drinking drivers, and investigation report;
1. Previous records of judgment: Application of criminal records, inquiry reports (a copy of the previous records and summary order attached) and Acts and subordinate statutes;
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. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the defendant already has the same criminal records as the defendant, the blood alcohol concentration at the time of the crime of this case was considerably high, on the other hand, the defendant's attitude to recognize and reflect all his mistake, and on the other hand, the defendant's age, character and conduct, environment, etc. as well as the various sentencing conditions under Article 51 of the Criminal Act as indicated in the records of this case such as the defendant's age, character and behavior, etc.