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A defendant shall be punished by imprisonment for one year.
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] On August 10, 2009, the Defendant was issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court, and a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the same court on July 8, 2016.
【Criminal Facts】
Although the Defendant had been punished twice or more due to drinking driving, on December 19, 2018, at around 22:40, the Defendant driven Dbeta 3.6 vehicle while under the influence of alcohol with approximately 0.078% of alcohol concentration at approximately 1.5km from the front road of C apartment in front of the city at Won-si, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 62 (1) of the Criminal Act (i.e., confession and punishment without prison labor);
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;