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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 June 24, 2014, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jeju District Court, and a summary order of KRW 6 million as a fine in the same court on November 18, 2014, respectively.
On October 25, 2016, at around 06:10, the Defendant driven C motor vehicle under the influence of alcohol content of about 0.079% at a road with approximately 500 meters in front of the support landscape in the same city, from the vicinity of the Jeju Island, which is in the movement of Jeju Island at Jeju Island to the front of the support landscape.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the criminal place, the result of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Criminal records, each inquiry into the results of the control of drinking and driving, and the application of statutes attached to summary orders;
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; Selection of imprisonment;
1. Discretionary mitigation: 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: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
Conditions unfavorable to sentencing: 5 times before the same criminal record and 5 times (including ① a fine of 3 million won, such as a violation of the Road Traffic Act on June 30, 2004, ② a fine of 2 million won for a violation of the Road Traffic Act on April 30, 2010, ③ a fine of 5 million won in Jeju District Court for a violation of the Road Traffic Act on February 5, 2013, ④ a fine of 3 million won in Jeju District Court for a violation of the Road Traffic Act on June 24, 2014, ⑤ a fine of 6 million won in fines, such as a violation of the Road Traffic Act (driving) on November 18, 2014)