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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 22, 2010, the Defendant was notified of a summary order of KRW 1 million for a crime of violating the Road Traffic Act in Daegu District Court and its racing support, and on October 21, 2013, the Defendant was charged with the same crime with the Jeju District Court and was notified of a summary order of KRW 4 million on January 2, 2014.
On December 12, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.096% without obtaining a driver’s license on December 12, 2013. From the restaurant located in the Donam-dong of Jeju, the Defendant driven the Bland of the Grand Feas in the section of approximately 200 meters away from the section of the Gu tax office located in the Donam-dong of Jeju to the road located in the Donam-dong of Jeju Island.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation into the results of crackdown on drinking driving, and application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Imprisonment;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Order to attend a lecture: The sentence is determined as ordered by considering all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc.: The facts of crime are recognized and reflected, and the degree of blood alcohol content is not high: A normal condition unfavorable to the fact that the crime of drunk driving is committed again for about 20 days after the driver's license is revoked due to the crime of drunk driving. It is decided as per the disposition on the grounds that the defendant's occupation, previous criminal record relationship, etc. is higher than that of the case;