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A defendant shall be punished by imprisonment with prison labor for up to 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
[criminal history] On September 22, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on September 22, 2009, and KRW 1.5 million for a fine by the same court on August 31, 2016.
[2] On December 27, 2017, the Defendant: (a) driven B New Car while under the influence of alcohol level of about 0.070% in alcohol level from approximately 500 meters to the front road of the off-day market in the Han River Eup located in Jeju-si around December 27, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A), investigation report, and Acts and subordinate statutes;
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 for Reduction of Small Quantity (i.e., reflective points, the fact that there is no criminal history exceeding the fine, and the fact that there is no personal damage);
1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;