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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 power] On March 7, 2007, the defendant was issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Jeju District Court, and on July 9, 2007, the defendant was sentenced to a suspended sentence of 2.5 million won for the same crime in the same court.
【Criminal Facts】
On September 22, 2016, at around 54:54, the Defendant driven B Poter cargo vehicles at a level of 50 meters from the front of a cafeteria in the mutual unfluent cafeteria to the front of a new Jeju officetel in the same Dong, under the influence of alcohol with 0.167% of blood alcohol level.
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 of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (attached reports, such as a written judgment, etc.);
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 defendant seems to lack awareness of traffic-related crimes, such as the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, family relationship with dependent family members, etc., and the health conditions of the defendant. It is decided as per the disposition by the reason of the above-mentioned circumstances, such as the defendant's motive and circumstance, circumstance after the crime, the defendant's occupation, age, and family relationship.