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A defendant shall be punished by imprisonment for not more than ten 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 January 19, 2010, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Jeju District Court on January 19, 201, and KRW 3 million as a fine in the above court on October 5, 2009.
On February 18, 2013, at around 23:15, the Defendant driven CK7 car at approximately 2 km from the roads front of the new street farm, which is linked to Jeju City, to the roads front of the city bus terminal located in the same city, under the influence of alcohol with a blood alcohol concentration of 0.196%.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquiry reports on detection of drivers, criminal records, etc.;
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. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Order for community service or order for education: The sentence shall be determined as ordered in consideration of all the following circumstances, in light of the application of the provisions of Article 62-2(1) of the Criminal Act and the Acts and subordinate statutes of Article 59 of the Probation, etc. Act: The time of committing a crime and reflectivity; the circumstances unfavorable to the fact that there is no record of criminal punishment exceeding a fine: the blood alcohol content is considerably high; the fact that there are multiple criminal records of the same kind; and the fact that there are multiple criminal records: