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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 24, 2011, the Defendant was issued a summary order of KRW 3.5 million by the Jeju District Court for a crime of violating the Road Traffic Act (drinking driving), and on April 15, 2015, the Defendant was issued a summary order of KRW 5 million by the same court.
On November 14, 2016, the Defendant, while under the influence of alcohol level of 0.053% during blood transfusions around 14:00, without obtaining a driver’s license, driven a motor vehicle with a level of 1 km up to 1km from the Do in front of the elementary restaurant in the Jeju-si-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The ledger of driver's licenses;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on attachment of summary order related to the suspect);
1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 (Unlicensed Driving) of the Road Traffic Act;
1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;
The circumstances favorable to the reasons for sentencing: The conditions unfavorable to the fact that the amount of alcohol concentration in the blood is low: Five times the same previous crimes and fine for the same offense of violation of the Road Traffic Act (driving) or of violation of the Road Traffic Act (licensed driving).