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A defendant shall be punished by imprisonment for not more than ten 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
On January 15, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Branch, and on December 23, 2010, the Defendant violated the provisions on the prohibition of drinking, such as having a record of being issued a summary order of KRW 2.5 million for the same crime at the Incheon District Court's District Court's on December 23, 2010, on two occasions, and on May 22 and 29, 2019, the Defendant driven a vehicle from approximately 200 meters to B in the section of 200 meters, from the part of the Induwonwon-gu, 7th Eduwon-dong, which was in the flow-dong, under the influence of alcohol at 0.09% of alcohol while he was under the influence of alcohol on May 29, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order of the same kind), and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the condition that a person has been sentenced to a fine twice due to the driving of a motor vehicle, once again drives a motor vehicle, but has shown an attitude to reflect his/her mistake and has
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;