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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 1, 2006, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court for a crime of violation of the Road Traffic Act (driving). On February 6, 2009, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime. The Defendant was a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions.
【Criminal Facts】
On October 18, 2016, at around 22:35, the Defendant driven a B-hand car owned by the Defendant under the influence of alcohol level 0.19% from a section of about 100 meters of blood alcohol level to the front road of the New Jeju Office located in Jeju-ro 103 (dong), Jeju-ro 103 (dong-ro 103).
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the result of the crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related 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, the choice 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 (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);
1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:
The favorable circumstances: The fact that all facts of crime are recognized and considered to be more favorable: The fact that there are two times the records of punishment of fines for the same kind of crime, that the blood alcohol concentration is very high, and that there is a very high level of alcohol content. It is so decided as per Disposition on the grounds that the motive and circumstances of the crime, circumstances after the crime, the occupation, age