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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
Criminal Power
1. On June 12, 2009, the Defendant was issued a summary order of 2.5 million won by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.
2. On November 30, 201, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch as well as a fine of one million won.
3. On July 16, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the crime of violating the Road Traffic Act in Ansan District Court.
4. On October 21, 2014, the Defendant was sentenced to imprisonment with prison labor for four months and two years of suspended execution as a crime of violation of the Road Traffic Act in the Busan District Court’s Branch Branch.
Criminal facts
On March 8, 2019, at around 06:51, the Defendant driven B benz car with a blood alcohol content of about 0.101% while under the influence of alcohol at approximately 200 meters from a 14-meter radius in front of the exit station located in Seocho-gu Seoul Metropolitan Government.
As a result, the defendant violated the drinking driving more than twice, and driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records and results of confirmation of dispositions);
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition on the grounds of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;