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A defendant shall be punished by imprisonment for six 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] On September 24, 2009, the Defendant was issued a summary order of KRW 3 million at the Seoul Western District Court on April 26, 201 to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on September 24, 2009; a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 26, 201; and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on October 11, 2010.
【Criminal Facts】
around 20:20 on October 8, 2018, the Defendant driven a motor vehicle in the Efri-gu under the influence of alcohol with approximately 500 meters alcohol concentration 0.097% from the front of the C cafeteria located in Seoyang-gu Seoul Metropolitan City B to the Goyang-gu D.
As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle, etc. while under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (4) of the Act on the Suspension of Execution) (Article 62 (1) of the same
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;