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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 January 22, 2010, the Defendant issued, respectively, a summary order of KRW 1.5 million at the Jeju District Court, which was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act, at the same court on November 3, 2008, a fine of KRW 1 million for the same crime, and at the same court on May 6, 2008, a fine of KRW 700,000 for the same crime.
【Criminal Facts】
On June 3, 2016, the Defendant, while under the influence of alcohol at 0.118 percent of blood alcohol level, driven B Poter vehicle at a section of approximately 800 meters from before the entrance of a Poteral beach located in the Poter Line at Seopopopo City, Seopo-si shipbuilding station, to the front side of the Poteral beach located in the same Rith line.
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 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 circumstances that are favorable: The fact that all facts of the crime are recognized and considered to have been committed: Three times that the person who was punished for a fine for the same kind of crime, the fact that the blood alcohol concentration is considerably high, and the defendant seems to have carried out a driving under the influence of alcohol on the grounds that the time after drinking is past or nearest distance, and that the defendant was in a criminal act that may cause serious damage to the person who was under the influence of alcohol but lacks awareness of such a criminal act, other reasons such as the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relationship.