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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 September 12, 2006, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 12, 2006, and a summary order of KRW 3 million as a fine in the same court on June 1, 2009.
On February 4, 2020, at around 23:56, the Defendant driven a D Kaman car under the influence of alcohol with approximately 1km alcohol concentration of about 0.182% from the C funeral hall located in Geumcheon-gu Seoul Metropolitan Government to the front road of the 247 Jinyang-ro, Mayang-ro, Mayang-ro, Mayang-ro.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the results of the regulation of driving under the influence of alcohol, etc., report on the results of measurement of drinking, inquiry into the results of the regulation of driving under the influence of alcohol
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (which means three times the same kind of force as in 2005, 2006, and 2009 and which has high drinking level);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of Article 62 (1) of the Criminal Act, including the fact that a considerable period has elapsed since the crime committed in excess
1. Order to attend lectures under Article 62-2 of the Criminal Act;