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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
[criminal history] On May 16, 201, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), and on April 24, 2014, the Jeju District Court issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving).
[2] On April 17, 2017, the Defendant driven a Crash car under the influence of alcohol leveling to about 0.100% of alcohol level at the section of about 6km from his house located in Seopo-si B, Seopo-si, Seopo-si to the upper road in front of the upper road located in Taepo-gu, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of habitual driving of a suspect under influence of alcohol) statute;
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 (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant, other than before and after the judgment, have the records of having been punished several times for the same crime, taking into account all the circumstances such as the blood alcohol concentration at the time of the instant case, circumstances after the instant crime, and the Defendant’s age, shall be determined as ordered.