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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 11, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On March 7, 2011, the Defendant was sentenced to a summary order of two million won for the same crime at the same court.
On February 28, 2017, while under the influence of alcohol 0.077% during blood transfusion, the Defendant driven C Poter Cargo in the section of about 300 meters from the front day of the safety industry, which is located in the 7-lane 41 (Dried-dong) in Jeju city, to the road front of the Market.
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 (Attachment to a copy of a summary order);
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 (Taking into account that there exists no history of criminal punishment heavier than a fine);
1. The reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation include the fact that the defendant had been punished for the same crime in addition to the previous conviction as indicated in the judgment, taking into account all the circumstances such as alcohol concentration, circumstances after the crime was committed, the age and health conditions of the defendant at the time of the instant case, and determine the punishment as