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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
Punishment of the crime
On November 8, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving on May 26, 2017) from the Goyang Branch Branch of the Jung-gu District Court.
On October 28, 2019, at least 04:31, the Defendant: (a) driven a motor vehicle with alcohol content of at least 0.035% under the influence of alcohol at approximately 500 meters from the section of 500 meters from the locked-dong in Songpa-gu Seoul Metropolitan Government to the front road of the same Gu B apartment; and (b) violated the prohibition on drinking driving at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 (1) of the Criminal Act: A dangerous offender who is likely to cause unexpected behaviors not only his/her own, but also another person's life and home by raising the possibility of traffic accidents, and circumstances favorable to the defendant who has been punished twice by a fine due to drinking driving: The fact that the defendant has no record of being punished by a suspended sentence or more;