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A defendant shall be punished by imprisonment for six months.
except that 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
[criminal power] On December 20, 2012, the Defendant issued a summary order of KRW 3 million to the Jeju District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million to the same court on June 26, 2014.
【Criminal Facts】
On October 14, 2016, at around 02:35, the Defendant driven a B low-priced motor vehicle at a section of approximately 200 meters from the U.S. apartment located in Jeju East-ro 21-lane 31, the same city’s day, from around 200 meters to the same city’s day, while under the influence of alcohol content of 0.141%.
Accordingly, although the defendant had a driving force twice, he again driven a car in the state of driving.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;
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, the choice 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 (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:
The favorable circumstances that are recognized as all facts constituting an offense: The circumstances that are disadvantageous to the fact that there are two times the records of punishment of fines for the same kind of crime, the blood alcohol concentration is considerably high, and the nearest distance is fine for the crime. The poor nature of the crime such as driving in the state of detention, etc. is determined as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime was committed, the defendant's occupation, age, and family relationship are higher than that of the defendant.