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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 Facts】
On September 29, 2008, the defendant received a summary order of one million won as a crime of violating the Road Traffic Act at the Busan District Court on September 29, 2008.
[Criminal Power] On March 25, 2020, the Defendant driven QM6 car under the influence of alcohol level of about 0.132% at the section of about 300 meters of alcohol level in the front of the same D house in the vicinity of C Hospital located in Busan-gu, Busan-gu, Busan-do.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1), (2);
1. A request for appraisal (the National Science Investigation Institute Busan Institute);
1. Previous records of judgment: Application of criminal records, repeated statements, and summary order-related 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the record of being punished for the violation of the Road Traffic Act.
The defendant's blood alcohol concentration is not low.
However, considering the favorable circumstances that the defendant has no particular criminal records in addition to the previous criminal records in 2008.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, family environment, mileage, background of the defendant's crime, circumstances after the crime was committed, etc., and all the conditions for sentencing specified in the records