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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
[Criminal Records] On March 26, 2018, the Defendant was issued a summary order of a fine of one million won for a crime of violating Road Traffic Act (drinking) to the Jung-gu District Court on March 26, 2018, and the same year.
5. 31. A person who has been issued a summary order of a fine of five million won or more for the same offense in the same court.
[Criminal facts] On July 31, 2018, the Defendant driven B-low-income vehicle without a driver’s license while under the influence of alcohol leveling to approximately 1.5 kms at approximately 0.05 meters from the beginning of the Mapo-si in the Republic of Korea, Mapo-si, Mapo-si, Mapo-si, the U.S. Sin-si located in the Republic of Korea (hereinafter “Mapo-si”), around 03:56, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Report of a traffic accident, on-site inspection, photographic site, notification of the results of crackdown on the driving of drinking, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Articles 55(1)3 and 55(1)3 of the Criminal Act (see, e.g., that alcohol content in the Defendant’s blood relative is not relatively high by 0.059%; that the Defendant caused a physical accident but it appears that the damage was recovered by taking out a comprehensive insurance policy; that it is reflects
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has two times the previous convictions of drinking alcohol, and the previous two times the previous convictions of drinking alcohol are repeated driving in the past in 2018.
In addition, in the case of this case, a physical accident occurred without being limited to a simple drinking driving, and according to on-site photographs, the degree of damage of the defendant's vehicle seems to be serious at the time.
However, the defendant's blood alcohol concentration is relatively 0.059%.