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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 June 28, 200, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) from the Suwon District Court on the same crime from the Chungcheong District Court on January 9, 2015, and KRW 5,00,000 as a fine for the same crime at the same court on November 4, 2016.
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven BM3 car under the influence of alcohol content of 0.098% during blood while under the influence of alcohol without obtaining a driver license from around 20 meters from the front side of the “B Q Q Q Din” on March 9, 2017 to the front side of the “Hamo Ear” located in the same Ri, around 00:15.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Making teas;
1. The driver's license ledger;
1. Reporting of investigation results;
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (attached reporting, such as a summary order of the same kind);
1. Relevant legal provisions concerning criminal facts;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act, which is severe punishment);
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. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has been punished for driving under drinking in 2015 and 2016, again committed the instant crime of driving under drinking or non-licenseing without a license, and thus, the risk of recidivism is very high, and thus, a strict punishment is required.
However, the defendant acknowledges each of the crimes of this case, is against the law, and the driving distance of the crime of this case is short, and the defendant has yet to do so.