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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2016 Height 67] The Defendant was sentenced to a fine of three million won on June 19, 2015 due to a violation of road traffic law (driving) in the support of the Southern District Court of the Jeonju on June 19, 2015, and was exposed on May 26, 2016.
[2] The Defendant, on May 28, 2016, driven a car with alcohol content of about 0.083% in blood while under the influence of alcohol at around 14:50, and driving a car with alcohol content of about 3km from a section of about 0.083% in the direction of the human monthly market located in the Nam-si, Namwon-si to the roads in front of the “Bai” located in the same side.
[2016 Highest 78] On May 26, 2016, the Defendant driven a C Rason under the influence of alcohol concentration of about 0.104% from a section of about 3km from the front of the Sonju Airport cafeteria located on the Southern-si, Namwon-si to the front road located on the same side, without obtaining a driver’s license on around 21:16.
Summary of Evidence
[2016 Highest 67]
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the previous summary order and the attached report on indictment), reporting on the results of crackdown on drinking driving, etc. (2016 order 78);
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and report on the results of regulating drinking;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 subparag. 1, Article 44 subparag. 1 (the point of drinking on May 28, 2016), Article 148-2 subparag. 2, and Article 44(1) (the point of drinking on May 26, 2016) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of drinking on May 26, 2016)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for a violation of traffic laws on each road is aggregated);
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment