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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 24, 2009, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving), and a summary order of three million won or more as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on March 30, 2012.
On August 24, 2018, the Defendant, as a person who has violated the provision prohibiting driving of alcohol twice or more, driven B-be under the influence of alcohol at approximately 0.081% alcohol concentration around the 200-meter radius from the road near the Gyeongnam-si in the Chuncheon-si, Chuncheon-si, Seoul, to the road near the Chuncheon-dong community service center located in the same 476 west-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notice of the result of crackdown on driving drinking;
1. Previous conviction: Application of a written inquiry about criminal history, a written investigation report (the confirmation of criminal history in the same paper) and statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the history of the crime; (c) the frequency of the crime; (d) the drinking value; and (e) the fact that there is no record of the crime exceeding the fine; and (d) the defendant’s age, occupation, sex, sex, family relationship, living environment; (e