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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
On December 12, 2008, the defendant was sentenced to a summary order of a fine of one million won at the Suwon District Court for a violation of the Road Traffic Act (driving). On August 23, 2013, the Seoul Central District Court sentenced a fine of five million won for a violation of the Road Traffic Act (driving).
On December 20, 2019, at least 21:36, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments three times from around 21:17 to 21:36, while driving a motor vehicle in front of Gangdong-gu Seoul Metropolitan Government, and was reported at 112 to be suspected of drinking while driving the motor vehicle in front of Gangdong-gu Seoul Metropolitan Government, and was dispatched to the site, the Defendant was found to have driven the motor vehicle under the influence of alcohol by drinking alcohol from the police officers E, etc. in the Seoul Gangseo-gu Police Station D District Zone E, Seoul Metropolitan Police Station, which called to the site, with a reasonable reason to recognize that the Defendant was driving the motor vehicle in the influence of alcohol, such as drinking, inaccurate, and scaring red on the face, etc., on the same day. However, the Defendant failed to comply with a drinking test by a police officer without
As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.
Summary of Evidence
1. A written statement of the defendant in writing;
1. Notification of the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, CD, photograph, control manual, and investigation report (CCTV image verification);
1. Criminal records as stated in the judgment: Application of criminal records, reply reports, investigation reports, and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times or more as stated in the records of the criminal records indicated in the judgment of the defendant as a drinking-driving, driving of the instant case again, failing to comply with the police officer's drinking test.