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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
On June 19, 2006, the Defendant was sentenced to a fine of KRW 700,00 to a fine of KRW 7 million for a violation of the Road Traffic Act (driving on October 28, 2008), a fine of KRW 2 million for the same crime in the same court on October 28, 2008, and a fine of KRW 2 million for the same crime in the same court on December 14, 2010, respectively.
On June 1, 2019, at around 00:47, the Defendant driven a motor vehicle in the E Spart under the influence of alcohol concentration of about 0.108% from a section of about 1km to the front road of the D apartment at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the circumstantial statement of a drinking driver, a report on the situation of a drinking-driving and a report on the control of drinking-driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The fact that there are three times the records of punishment for driving under drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act (However, considering the fact that nine years have elapsed since the punishment for driving under drinking alcohol), the fact that the drinking alcohol is relatively high, the confession of the crime and the reflect of the punishment, and other factors such as sentencing prescribed by Article 51 of the Criminal Act, such as the age of the defendant, shall be determined as per the order.