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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
【Criminal Power】 The Defendant was issued a summary order of KRW 700,000,000 by Jeju District Court on January 28, 2008, a fine of KRW 1 million on September 3, 2008, and a fine of KRW 2.5 million on August 9, 2010, respectively.
【Criminal Facts of Crimes】 On June 3, 2016, the Defendant driven a C-ro vehicle at approximately 200 meters away from the day before the restaurant is located in the Seobuk-dong in Jeju Island to the front road in the Seobuk-dong in Jeju Island, from the day before the restaurant is located in the Seobuk-dong in the Jeju City, while under the influence of alcohol level of 0.087% of alcohol level around 21:42.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Statement of the results of the drinking driving control;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. In light of the fact that the Defendant committed the instant crime in spite of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had the record of being punished three times or a fine due to the crime of drinking driving in the past, it is necessary to strictly punish the Defendant.
However, the defendant's confession of the crime of this case, the blood alcohol concentration of the defendant at the time of the crime of this case is very high, and the distance of the defendant's driving is relatively short, the sentencing example in similar cases, the defendant's age, character and behavior, environment, circumstances after the crime of this case, and other various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered.