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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
On June 7, 2007, the Defendant issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act at the Jeju District Court, and issued a summary order of KRW 5 million as a fine in the same court on November 1, 2012.
On September 21, 2017, at around 08:50, the Defendant driven B rocketing car with approximately 300 meters alcohol content 0.127% from the 300-meter section to the front road of the Jeju-si 11-lane 2-1, a “registered water” restaurant.
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. Related photographs and investigation reports (the main driver's report on the situation);
1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report ( twice the criminal suspect's record of driving under influence of alcohol), the Jeju District Court Decision 490, the Jeju District Court Decision 2007 and 247 shall apply
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In the event that two times or two times or more of the crime of drinking driving as indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the driver is again driving under the influence of alcohol, and even 2002, there is the enemy who was punished as the crime of drinking driving under the influence of alcohol. The number of alcohol concentration in the blood of this case, the time and contents of the punishment for the crime of driving under the previous influence of alcohol, the duration of the crackdown, the age of the defendant, the sex, the environment, the background of the crime, the circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.