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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 September 11, 2009, the Defendant received a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 26, 2010, and received a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Seoul East East District Court on August 13, 201, and received a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on August 13, 2010. On October 11, 2011, the Defendant received a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 19, 2016.
On June 3, 2019, at around 01:32, the Defendant driven a car from about 3 km to the front road of Ansan-si in the state of alcohol 0.163% under the influence of alcohol with a blood alcohol concentration of 0.163%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification reports of the same kind of force) and 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. 16037, Dec. 24, 2018);
1. Article 62 (1) of the Criminal Act;
1. Taking into account all circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act has been sentenced to a fine for the same kind of offense several times, and that mistake