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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 13, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 2 million for the same crime at the same court on July 29, 2016.
[2] On September 13, 2017, around 06:24, the Defendant driven a Grand City under the influence of alcohol concentration of about 0.096% from the 3km section from the road in front of the Defendant’s residence in Jeju-si B to the road in front of the 3km in the same City/Do.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force, summary order attachment), and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Articles 55 and 55(1)3 of the Criminal Act);
1. Article 62 (1) of the Criminal Act on the stay of execution (Considering the following: (a) Article 62 (1) of the Criminal Act (it shall be considered that there is a reflective fact, that the blood alcohol concentration is not relatively high, that does not cause human and physical damage, and that there is no criminal history subject
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;