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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
[criminal history] On December 23, 2015, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on September 2, 2016, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.
[2] On September 28, 2017, the Defendant driven a coo vehicle in C under the influence of alcohol content of about 1 0.133% from the 1km section from the front of the restaurant to the front of the 241-1, Seo-si in Jeju, Seo-si, the Military Court held that the Defendant driven a coo vehicle in C under the influence of alcohol content of about 0.13% from the 1km section to the front of the 241-1, Seo-si in Jeju.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;
1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;
1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Orders to provide community service or attend lectures: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as the same as the orders, taking into account all the circumstances, such as the blood alcohol concentration during the instant crime, the circumstances after the crime, and the Defendant’s age;