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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 May 4, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and on February 27, 2017, the Defendant received a summary order of KRW 1 million for the same crime at the same court.
[Criminal facts] On July 10, 2017, the Defendant driven a e-car at approximately 500 meters away from the Defendant’s residence located in Western City B to the front road of “D” located in the same city, under the influence of alcohol level of 0.140% among blood transfusion around 17:17.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions indicated in the judgment: He/she shall refer to inquiries, such as criminal history, (A) and apply Acts and subordinate statutes to investigation reports (verification of the same type of force);
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 Reduction of Small Quantity (i.e., reflective points, the fact that there is no criminal history subject to punishment exceeding a fine, the fact that there is no physical damage, the fact that there is no personal damage, and the support for family members, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated consideration);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;