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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 November 13, 2007, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act by the Seoul Northern District Court, and on January 4, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine from the Jungbu District Court for the same crime.
Criminal facts
On September 25, 2020, at around 01:07, the Defendant driven a motor vehicle with Chigh Ptyp around about 40m alcohol concentration from the Songpa-gu Seoul Underground Parking Lot to the road in front of the same domicile.
As such, the Defendant violated the Road Traffic Act prohibiting driving under the influence of alcohol twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on investigation results of the control of drinking driving (the details stated D)
1. Investigation report (Application of the Bamark Official Form);
1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution, such as moving an agent