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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 December 11, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 11, 201, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on October 15, 2015.
On February 22, 2020, at around 02:51, the Defendant driven a FMW car with approximately 100 meters alcohol level 0.115% under the influence of alcohol level from the Do in front of “C” located in Gangnam-gu Seoul, Seoul to the front road of “E” located in “E” located in Gangnam-gu Seoul.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, records of the drinking measurement, and field photographs;
1. Previous records: The results of inquiry, each previous disposition, and the results of confirmation, and the application of Acts and subordinate statutes attached to summary orders;
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 (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.