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A defendant shall be punished by imprisonment for one year.
except that 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
[criminal power] On April 25, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act at the Seoul Northern District Court on April 25, 200, and by issuing a summary order of KRW 1 million for the same crime at the same court on July 14, 2009.
【Criminal Facts】
On August 28, 2016, at around 05:45, the Defendant driven a Category B motor vehicle with approximately KRW 500 meters around the Changdong Station located in Dobong-gu Seoul, Seoul, to the Changdong High School under the influence of alcohol content of 0.180%.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry about the results of the control of drinking driving;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. The reason for sentencing under Article 62 (1) of the Criminal Act shall be taken into account that the defendant has no criminal record of suspended sentence or heavier;