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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 August 29, 2008, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act (driving) at the Jeju District Court on the same day, and on July 15, 2014, the Defendant issued a summary order of KRW 2.5 million to the same crime by the same court on the same day, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.
[2] On January 11, 2017, the Defendant driven a B-hand vehicle with a alcohol content of about 100 meters from the 100-15% alcohol level among blood alcohol level from the 100m section around Jeju-si to the 241-1 neighboring road in Jeju-si.
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 regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)
1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered again for the reasons considered in the mitigation of the amount of the above punishment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;