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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 4, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on October 28, 2015, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.
On May 23, 2018, at around 02:00, the Defendant driven a DSS7 car under the influence of alcohol leveling 0.205% from around 1.9km to around 902 in the old unification, from around the front of the French-dong Seoul Metropolitan Government (hereinafter referred to as the “SM7 car”) to around 0.9km.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;