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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2012, the Defendant received a summary order of KRW 5 million from Seoul Southern District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving under the influence of alcohol), a summary order of KRW 7 million from the same court on June 7, 201, and a summary order of KRW 700,000 due to a violation of the Road Traffic Act (driving under the influence of alcohol) from the Incheon District Court on November 7, 2008, respectively.
On April 2, 2019, at around 01:44, the Defendant driven a Emsom car with approximately 600 meters water from the GY-gu, Suwon-si, Suwon-si to the front floor of the C apartment in Young-gu, Suwon-si, Suwon-si (D) with a blood alcohol concentration of about 0.056%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on driving under the influence of alcohol, notification on the results of the control of driving under the influence of alcohol, results of measurement, and report on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Criminal history records, repeated statements, and application of statutes of three copies of a summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Conditions unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances in which the person was punished for a violation of the Road Traffic Act on three occasions prior to the instant case: The defendant's age, character and conduct, motive, means and consequence of the crime, and the conditions of sentencing specified in pleadings, such as the defendant's age, character and conduct, motive and consequence of the crime, etc.;