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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 July 27, 2009, the Defendant issued a summary order of a fine of two million won at the Seoul Central District Court for a violation of the Road Traffic Act, and on July 28, 2009, issued a summary order of a fine of 1.5 million won at the Seoul Western District Court for the same crime and violated Article 44(1) of the Road Traffic Act not less than twice.
At around 15:50 on February 16, 2019, the Defendant driven a DNA vehicle with a blood alcohol concentration of about 0.144% while under the influence of alcohol at approximately 1km section from the front of a cafeteria located in Seosan-si, Seosan-si to the front of C in Seosan-si, Seosan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Criminal history records, reply reports (A), investigation reports (the same records of a suspect), and application of two copies of a summary order under Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving) which select a penalty;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions shown in the instant trial process, such as blood alcohol content, Defendant’s age, character and conduct, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as above.
In favorable circumstances: The defendant reflects the crime of this case, and has not committed any other criminal record except the criminal record which was committed ten years prior to the judgment.
It is so decided as per Disposition for the above reasons.