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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 of the final judgment.
Reasons
Punishment of the crime
[criminal power] On March 14, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Seocho District Court’s early branch on March 14, 2013, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the same court on June 9, 2017.
【Criminal Facts】
On July 20, 2018, around 21:45, the Defendant driven a F Sti-type car under the influence of alcohol 0.138% of alcohol concentration at approximately 2 km section from the front road in Sinsi-si B to the front road in Sinsi-si D at about 21:50 on the same day.
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 results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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. 15530, Mar. 27, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act recognize the defendant's mistake, and the defendant has the record of criminal punishment twice for the same crime, and the defendant shall determine the punishment as ordered in consideration of all the conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances, means and result of the crime, and circumstances after the crime.