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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 11, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving alcohol) in the support of Suwon Friwon method and Ansansan, and seven million won for a fine from the Incheon District Court’s Branch Branch on October 20, 2017 to the same crime, etc.
2. On January 20, 201, the Defendant, without a driver’s license, driven D (K) seven automobiles under the influence of alcohol leveling to approximately 0.11%, while under the influence of alcohol leveling to 0.11%, and driven approximately 100 meters from the roads front of the Taedong-gu, Busan Young-do to the roads front of the Taecheon-gu, Busan Metropolitan City.
Summary of Evidence
1. Crimes indicated in judgment;
(a) Statement by the defendant in court;
(b) Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;
(c) The driver's license ledger;
2. The records of the offense;
(a) a response to inquiries;
B. Application of a copy of each summary order
1. Relevant legal provisions concerning criminal facts;
(a) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;
2. The sentencing criteria are not set for each of the crimes in this case, for which the sentencing criteria are not set.
In this case, the defendant's driving of a vehicle while under the influence of 0.11% alcohol level without driver's license is not good, and the nature and circumstances of the crime are not good.
Such crimes are highly harmful to society, such as increasing the risk of traffic accidents.
The defendant's drinking level also seems to exceed the revocation standard of driver's license.
Moreover, the defendant is now before.