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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 30, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on June 30, 201, a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Northern District Court on September 17, 2012, and a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Southern District Court on January 24, 2016.
On December 28, 2017, at around 00:14, the Defendant driven a Drober vehicle under his/her own ownership, while under the influence of alcohol concentration of about 0.094% from the 408-way road in Gangnam-gu Seoul, Gangnam-gu to approximately 731-ro, Gangseo-gu, Seoul.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;
1. Previous conviction: Reference to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on confirmation of drinking driving history);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures (the selection of punishment, mitigation of amount of punishment, suspension of execution, etc.), the background of drinking alcohol driving, degree of alcohol alcohol, the defendant's previous convictions due to drinking, three cases of a fine due to driving of drinking, the defendant's age, sexual behavior, environment, etc. are considered.