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A defendant shall be punished by imprisonment for one year.
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 3, 2013, the Defendant was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on January 3, 2013, and was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on January 7, 2015.
On October 31, 2017, the Defendant violated the duty of prohibition of driving under the influence of alcohol twice again, and again driven B Benz S350 cars from the front of a restaurant located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, to the 9-ro 5-west-ro ebbbbbro ebbson 350 cars at approximately 1km from the front of a restaurant under the influence of alcohol level of 0.282% under the influence of alcohol level on October 31, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;
1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;
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. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act (0.282%), the reason for the sentencing of Article 62-2 of the Social Service Order Act (0.282%), the previous and two times (0.216%, 0.164%) of the fine for drunk driving in the last seven years, the risk of recidivism, and the reflectivity, etc. shall be equally considered to determine the same sentence as the order.
It is so decided as per Disposition for the above reasons.