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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On June 8, 2001, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on the same day. On June 15, 2001, the Defendant was issued a summary order of KRW 700,000 by the same court as a crime of violation of the Road Traffic Act (driving). On December 8, 2004, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 1 million under the influence of alcohol concentration of KRW 0.139%. On January 21, 2005, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.
(1) Article 107-2 subparag. 1 and Article 41(1) of the former Road Traffic Act (wholly amended by Act No. 7545 of May 31, 2005) applies to the crime of the above summary order.
In addition, the Defendant was under the influence of alcohol level 0.09% on December 5, 2009 and was sentenced to a summary order of KRW 1.5 million on December 28, 2009 with a fine of KRW 1.5 million for the same crime in the Young-dong branch of the Young-gu District Court (hereinafter “Cheongju District Court”) on November 14, 2010, while driving a motor vehicle under the influence of alcohol level 0.215% on March 22, 201, and was sentenced to a suspended sentence of two years for six months on March 22, 201 (hereinafter “Seoul District Court resident support”), and was sentenced to imprisonment with prison labor for a motor vehicle under the influence of alcohol level 0.231% on March 11, 2012, and was sentenced to a suspended sentence of six months on July 25, 2012 at the Young-dong District Court.
(2012 Gohap10) On December 1, 2019, the Defendant driven a Dunst Passenger Car under the influence of alcohol content of 0.158% in the 4km section from the front road in the Chungcheongnam-gun B of Chungcheongbuk-gun to the yellow plane in the same military.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each report on actual condition;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Criminal records as stated: Criminal records, reply reports, written judgments, and application of Acts and subordinate statutes concerning summary orders;
1. Criminal facts;