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A defendant shall be punished by imprisonment for a term of one year and eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On May 7, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on October 28, 2014, respectively.
On September 4, 2019, at around 02:01, the Defendant driven a 300-meter high blood alcohol vehicle owned by the Defendant, from the neighboring side of C, Gangwon-si, Gangwon-si, to E located in D of the same city under the influence of alcohol of 0.163%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Application of statutes concerning criminal records;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (it shall be considered that there are two-time driving skills, one time driving power without a license, and the degree of drinking alcohol, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., distance of driving, the fact that there is no other force except for the previous offense, the age and environment of the accused, the circumstances after the crime, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;