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A defendant shall be punished by imprisonment for not less than eight months.
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
The Defendant, at the Jeju District Court on May 2, 201, issued a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and on September 27, 201, at the same court on September 27, 2012, was sentenced to a suspended sentence of imprisonment for six months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of two or more times.
On September 21, 2016, at around 05:50 on September 21, 2016, the Defendant driven C low-speed vehicles under the influence of alcohol content of about 0.141% at a 1km section from the human history distance in the daily movement at Jeju to the front road of the Japanese mobile resident center located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of results of the control of sound driving) and application of Acts and subordinate statutes to investigation reports;
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; Selection of imprisonment;
1. Discretionary mitigation: 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 judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
Conditions unfavorable to the reasons for sentencing: The same criminal records and three times (the part of the previous criminal records and the part of the previous criminal records and the fine of four million won, such as the violation of the Road Traffic Act by the Jeju District Court on February 9, 201)