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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
On February 18, 2011, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 18, 201. However, on October 20, 2020, around 05:26, the Defendant violated the provisions on the prohibition of driving alcohol at least twice by driving a vehicle in B eti-gu, which was driven under the influence of alcohol level of approximately 0.091% in the 1km section from the front day of the street in Seoul Gangnam-gu, Seoul, to the front day of the exit of approximately 606-gil-gu, Gangnam-gu, Seoul, to the front day of the exit of the new company located in the 606-lane, as Gangnam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives drinking again even though he had the record of being punished for driving under drinking, the defendant's time interval with the same kind of crime, the alcohol concentration level, driving distance, the defendant's recognition of facts charged and reflects the charges, and there is no record of criminal punishment exceeding the fine, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as per the order, taking into account the conditions of sentencing specified in the arguments of the case