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A defendant shall be punished by imprisonment for one year.
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
[criminal power] On October 18, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeju District Court, and on July 5, 2012, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.
【Criminal Facts】
On June 6, 2019, at around 03:50, the Defendant driven a e-learning car under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.186% from the 600-meter section around the D shooting distance, where the trade name in Jeju Island cannot be known.
Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing