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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 19, 2007, the defendant was sentenced to four months by the Jeju District Court for a violation of the Road Traffic Act (driving) and was sentenced to eight months by imprisonment with prison labor for the same crime in the same court on December 12, 2008.
On March 30, 2016, at around 00:16, the Defendant driven the Cunchless Motor Vehicle at approximately 2 km from the (Gu) CFS 209, which is linked to Jeju city under the influence of alcohol by 0.209%, to the front road of Seoul Oil Station 283 (Nomno-Dong) in the same city-type Do.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Consent and request for blood gathering, request for appraisal of blood alcohol concentration, and request for appraisal;
1. Report on the results of the crackdown on drinking driving and on the detection of drinking drivers;
1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;
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; Selection of imprisonment;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order of community service: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
The reason for sentencing: The execution of imprisonment is suspended in order to give the defendant an opportunity once again, considering all the circumstances, such as the family environment of the defendant, his dependents, etc., with a very high blood alcohol concentration and the same kind of criminal records and five times (including two times of actual punishment): Provided, That the execution of imprisonment is suspended in order