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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 July 19, 2012, the Defendant issued a summary order of KRW 7 million at the Seoul Central District Court on July 19, 2012, with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 31, 2017, respectively.
On November 23, 2018, at around 01:01, the Defendant driven a Category C rocketing car with the blood alcohol concentration of about 0.079% from the luminous Lighting Station located in Maspon-si to the front roads in the Sinsp. B, the Defendant was under the influence of alcohol concentration of about 3km.
Summary of Evidence
1. Defendant's legal statement;
1. Data concerning the measurement and output of drinking;
1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition on the grounds of probation, order to attend a lecture or order to provide community service for not less than Article 62-2 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Jun. 1, 201)