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A defendant shall be punished by imprisonment for not less than eight 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 Records of Crimes】 On April 10, 2009, the Defendant issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jeju District Court, and on September 21, 201, on September 21, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.
[Criminal Facts]
1. On October 25, 2016, at around 14:30 on October 25, 2016, the Defendant driven a motor vehicle BA while under the influence of alcohol alcohol content of about 0.153% from the 3km section from the parking lot for the funeral hall in the south-dong of Jeju to the lifelong bridge in the Young-dong of Jeju City.
2. On November 1, 2016, at around 19:00, the Defendant driven a B Anon-permanent car with approximately 400 meters alcohol content 0.144% under the influence of alcohol from the 400-meter section to the Daternian Road in the same Ri, from the Dominium located in the Gudong-Eup, Jeju Island.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on driving of each drinking alcohol (in an investigation record, on four pages, two pages, ten pages), and a statement of the circumstances of each driver of each drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the text of the judgment, etc.), text of the judgment, and summary order statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was issued a summary order twice for a crime of violating the Road Traffic Act in 2008 and 2009. On September 21, 201, the Defendant was sentenced to a suspended sentence of one year on September 21, 201 for the same crime, despite the fact that he/she had been sentenced to a suspended sentence of one year on September 25, 201.