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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 12, 2010, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on August 12, 2010, and on August 30, 2016, the Defendant was punished for drinking driving two or more times by a fine of KRW 2 million for the crime of violating the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on August 30, 2016.
On February 9, 2019, at around 03:50 on February 9, 2019, the Defendant driven Cina car under the influence of alcohol with approximately 0.083% of alcohol concentration from the 4km section from the front of the mutual and aesthetic convenience store in the Seogam-gu, Seoan-gu, Seocheon-si to the front of the Asia-si B.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. The reason for sentencing under Article 62 (1) of the Criminal Act in the suspended sentence shall be determined as per the disposition, taking into consideration the following: (a) the defendant has already been punished twice or more for a violation of the Road Traffic Act, and the quality of the crime is bad by driving again; (b) the defendant is against the defendant; (c) the blood alcohol concentration in the case of this case is very high; (d) the defendant sells a vehicle; and (e) the defendant supporting his father who is sick or sick