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The punishment of the accused shall be eight months by imprisonment.
However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 17, 2008, the Defendant was notified of a summary order of KRW 2 million for the violation of the Road Traffic Act (driving) as well as a summary order of KRW 2.5 million for the same crime at the Seoul Western District Court on May 26, 2014, respectively.
around 23:00 on June 11, 2019, the Defendant driven DK7 car while under the influence of alcohol content of about 0.138% in the section of approximately 1.5 km from Gangnam-gu Seoul to the front day of Seoul Gangnam-gu Seoul.
While the Defendant was punished for drinking driving more than twice, the Defendant once again driven a car while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Results of the control of drinking driving, the statement of the circumstances of drinking drivers, and the results of blood collection appraisal;
1. Application of Acts and subordinate statutes to criminal records, reply reports, and each summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;