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The punishment of the accused shall be determined by a year of 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 September 18, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Seoul Central District Court on September 18, 2006, and was subject to criminal punishment for a violation of the Road Traffic Act (driving) on three occasions in total after June 30, 201.
On July 12, 2019, at around 05:30, the Defendant driven a motor vehicle with low alcohol level of 0.140% under the influence of alcohol at approximately 300 meters in front of Gangnam-gu, Gangnam-gu, Seoul, while driving a motor vehicle with low alcohol level of 0.140% in front of Gangnam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the results of the drinking driving control, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation [The circumstances leading to the driving and the distance of driving shall be considered];
1. Article 62 (1) of the Criminal Act;