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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal History] Violation of Road Traffic Act (Drinking in 2009): A fine of 1.5 million won for a violation of Road Traffic Act (Drinking in 2010): A fine of 3.5 million won for a violation of the Road Traffic Act (Drinking in 2010): The Defendant was under the influence of alcohol level of 0.077% during blood, and the Defendant was under the influence of alcohol level of 0.07% during blood, around October 15, 2017, the Defendant was driving a B QM5 car at the section of approximately 15 km from the front side of the west-si, Kim Jong-dong, Kim Jong-si, Seoul Metropolitan City.
As a result, the defendant was a person driving a motor vehicle not less than twice in the influence of alcohol and driving a motor vehicle again in the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years attending a course, 40 hours in social service and grounds for aggravation of 80 hours: The grounds for mitigation, such as confession, absence of different species of criminal records, etc.;