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A defendant shall be punished by imprisonment for six months.
However, the execution of the above 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 May 11, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On October 27, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving).
Nevertheless, on May 30, 2018, the Defendant driven a motor vehicle B with alcohol content of about 300 meters at approximately 0.088% while under the influence of alcohol, from around 22:34 to around 10, the city-centered commercial building in the same city-centered four-lane.
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. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions: A written reply to inquiries, such as criminal history, (A) and application of relevant statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning the crime (the selection of imprisonment, the recent history of the same kind of experience, and the density of alcohol in blood, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);
1. It is so decided as per Disposition on the grounds that Article 62 (1) (recognisive Grounds for Reduction of Amount) of the Criminal Act is higher than that of the suspended sentence;