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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 31, 2012, the Defendant was issued a summary order of KRW 4 million by a general military court of the 39 Boick University on December 31, 2012 due to a violation of road traffic law, and on October 22, 2014, the Seoul Northern District Court issued a summary order of KRW 5 million due to a violation of road traffic law, and has the record of being punished twice or more as a crime of drinking driving.
Nevertheless, the Defendant, at around 04:00 on June 4, 2018, driven a vehicle with B-to-purged B while under the influence of alcohol content of about 0.184% at approximately 10 meters from the 100-meter section of alcohol to the front road of Jin-si 1365 Sti-dong, Jin-si, Sin-si, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (to file a written summary order with the suspect);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act, including the fact that the person himself/herself seems to practice reflective nature, such as age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., by taking into account all of the factors of sentencing specified in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime.