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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 29, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 5 million at the Suwon District Court on the same day, and a summary order of KRW 5 million with the same crime in the same court on the same day.
【Criminal Facts】
On April 11, 2019, at around 00:04, the Defendant driven a rocketing car under the influence of alcohol with approximately 20km alcohol concentration of about 0.094% from the 20km section from the front of the Defendant’s dwelling in Pyeongtaek-si B to the front of the D cafeteria located in Suwon-si C.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The amount of punishment as ordered, considering the Defendant’s age, character and conduct, the environment, the circumstances leading to the instant crime, the circumstances after the instant crime, and other various conditions of sentencing specified in the records and arguments, where the Defendant’s age, character and conduct, was committed, and environment, was committed, and there is no record of criminal punishment heavier than the suspension of execution: The Defendant’s age, character and conduct, and environment, as well as the record and arguments.