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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, at the Jeju District Court on October 5, 2009, issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act, and on February 21, 2013, issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Jeju District Court on February 21, 201, and was punished two times or more as a crime of violating the Road Traffic Act.
On March 8, 2016, at around 00:20, the Defendant driven a spke vehicle under the influence of alcohol content of approximately 0.097% at a distance of about 500 meters from the “brine” parking lot located in the same Dong to the “Dowon Green Cream” road located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, C's statement, C's statement, report on the situation of the driver of a main driving, notification of the result of regulating drinking driving, request for appraisal of alcohol concentration in blood, consent and request for blood collection, and the ledger of blood collection;
1. A alcohol appraisal report, a report on the detection of the main driver, and a survey report on the actual condition of blood;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);
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; the choice of imprisonment;
1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order of community service: The circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.: The same criminal records and three times (see ① a fine of 700,000 won in the Jeju District Court for the crime of violating the Road Traffic Act (driving) on February 28, 2005, ② the part of the previous records in the judgment);