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A defendant shall be punished by imprisonment for not more than ten months.
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 November 15, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2.5 million from the Seoul Central District Court on November 15, 2006, a fine of KRW 2.5 million from the Seoul Central District Court on October 27, 2008 due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million from the Seoul Southern District Court on July 29, 2009.
On November 27, 2018, at around 21:45, the Defendant driven a e-learning car with 300 meters from the front day of the e-learning distance to the front day of the e-learning car in the light lighting time, while under the influence of alcohol 0.130% of the blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Taking into account all the circumstances, such as the criminal records, blood alcohol density, driving distance, etc. of the defendant for the reason of sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;