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Defendant shall be punished by imprisonment for one year, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.
(b) the defendant;
Reasons
Punishment of the crime
On April 28, 2017, the Defendant was given a summary order of KRW 5 million by the Seoul Eastern District Court due to a violation of the Road Traffic Act.
At around 05:30 on September 27, 2019, the Defendant driven Done Star Co., Ltd. while under the influence of alcohol content of approximately 0.153% from the section of approximately 150 meters from the front of Gwangjin-gu, Seoul to the front of the same Gu C on the road.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of statutes concerning criminal records;
1. Provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act, and choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order, etc. under Article 62-2 of the Criminal Act;