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A defendant shall be punished by imprisonment for not less than eight 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 October 19, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Western District Court, and on October 17, 201, a summary order of KRW 1 million with a fine of KRW 1 million with a penalty of violation of the Road Traffic Act at the Seoul Southern District Court.
Nevertheless, on June 11, 2019, the Defendant driven a motor bicycle at approximately 300 meters away from the Seoul Yangcheon-gu to the frontway of D Elementary School located in the same Gu C, while under the influence of alcohol with a blood alcohol concentration of 0.086% around 22:13.
Accordingly, the Defendant, who violated the duty of drinking driving under the influence of alcohol twice, driven a motorcycle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 1530, Jun. 25, 2019);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Determination of the same sentence as the order shall be made, taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the background of drinking alcohol driving; (c) the degree of a fine for drunk driving; (d) the previous conviction and two times (2009/209); (d) the risk of recidivism;
It is so decided as per Disposition for the above reasons.