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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 4, 2010, the Defendant was issued a summary order that imposes a fine of 2.5 million won for a crime of violating the Road Traffic Act (dacting driving) at the Chuncheon District Court, and on April 21, 2016, the Seoul Southern District Court issued a summary order that imposes a fine of 4 million won for a crime of violating the Road Traffic Act (dacting driving).
[2] On August 23, 2018, around 23:26, the Defendant driven a Cknife car at approximately 10km section of approximately 0.118% alcohol level among blood alcohol level from around the roads near Gangseo-gu Seoul Metropolitan Government B and 903 to the roads below the 282-1st, Jung-gu, Incheon Jung-gu.
As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A written appraisal of alcohol during blood;
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of past records of drinking driving), and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;