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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On June 5, 2009, the Defendant was sentenced by the Jeju District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on December 24, 2015.
【Criminal facts” From around 21:50 on December 4, 2015, the Defendant driven Bran XG vehicles under the influence of alcohol concentration of about 0.062% at a distance of about 50 meters in front of South Korea-ro 77 meters on the roads in front of the Namwon-si, Namwon-si.
As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle while under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of driving under drinking, notification of the results of crackdown on driving under drinking, inquiry of the results of crackdown on driving under drinking, and field photographs;
1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);
1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; the choice of imprisonment;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;
Conditions unfavorable to sentencing: Same criminal records and two times (refer to the part of the previous records in the judgment).