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1. The defendant shall be punished by imprisonment for six months;
2. Provided, 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 October 26, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Busan District Court on April 15, 2010, respectively.
【Criminal Facts】
On September 24, 2016, at around 06:39, the Defendant driven a B 31 ton cargo vehicle while under influence of approximately 0.112% of alcohol alcohol level without obtaining a driver's license in a section of about 300 meters from the front of the Sacheon-gu, Busan to the front of the human teramp in the same Dong on the same day, from around 06:40 on the same day, around September 24, 2016.
Accordingly, the Defendant, as a person with two drinking skills, driven a motor vehicle under the influence of alcohol again while driving the motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous conviction in judgment: Application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
5. Article 62 (1) of the Criminal Act;