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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
On November 10, 2003, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on January 2, 2012, a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on January 2, 201, and on February 14, 2017, by being sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on February 1
On November 4, 2017, the Defendant driven a B car with a alcohol level of 0.083% without a driver’s license on November 4, 2017 and proceeded with approximately 3 km from Mono-dong and Busan Busan Facilities Corporation from Mono-dong to Mano-dong and Busan Facilities Corporation.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;