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A defendant shall be punished by imprisonment for not less than eight 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 history] On March 20, 2007, the Defendant was notified of a fine of KRW 2.5 million due to a violation of road traffic law (driving alcohol) at the Jeju District Court. On October 28, 2016, the Defendant was notified of a fine of KRW 4 million due to a violation of road traffic law (driving alcohol) at a high-level district court.
[2] On February 5, 2017, the Defendant driven a B-ro vehicle under the influence of alcohol content of about 700 meters from around 700 meters to around 0.153% in blood while under the influence of alcohol, from the front of the restaurant where the trade name in the Eunpyeong-gu Seoul Metropolitan City is unknown at around 23:02 to the front of the 806-gu Gyeong-dong.
Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
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) 6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;