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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
On March 8, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking) at the Changwon District Court's Jinju branch on March 8, 2010, and the same court issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the same court on July 17, 2012.
On April 11, 2016, the Defendant driven a B-low vehicle without obtaining a driver's license in the state of alcohol concentration of about 0.108% in the 5km section from the front of the construction site of an individual house located in the Dogsan-si, Gyeongnam Development-gun, G-do, Gyeongnam-do to the front road after cultivating the same military at the same time from the front of the construction site of an individual house located in the Dogsan-gun, Gyeongnam-gun, Gyeongsan-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the results of regulating drinking driving and a driver's license;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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. Protection and observation, and Article 62-2 of the Criminal Act of the community service order (in order to prevent the recidivism of the accused and to provide the accused with an opportunity to reflect his/her resistance, protection and observation and community service shall be added);