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The punishment of the accused shall be eight months by imprisonment.
However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 10, 2010, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Seoul Central District Court to a fine for the same crime on June 11, 2014, respectively.
On June 5, 2019, the Defendant was under the influence of alcohol of 0.184% with blood alcohol concentration around 23:5 on June 5, 2019. On the roads near Dongjak-gu Seoul Metropolitan Government B, the Defendant driven Eidi A6 car at approximately 900 meters in front of the exit road No. 8 in Seocho-gu Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;