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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 October 31, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on March 31, 2012, and KRW 5 million for a crime of violating the Road Traffic Act at the Seoul East District Court on March 24, 2017.
On July 11, 2017, the Defendant, without a driver’s license, driven a Clearning car from around 7 km to around 9 km from the 50-dong, Songpa-gu, Seoul to the same Olympic Games while under the influence of alcohol content of 0.179% in blood around 03:10 on July 11, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on driving under drinking, the driver’s license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous summary order);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the suspended sentence of the Criminal Act (a) recognizes that it is a serious crime that may cause serious harm to the life and body of others as well as others, under favorable circumstances, that the confession and reflect are not imposed, and that the heavy criminal punishment exceeding the fine is not imposed, and that it is a serious crime that causes serious harm to the life and body of others as well as a person without a license, and the Defendant, even though he had been already punished by a fine twice due to drinking, again, after the lapse of six months from the former one, drives a vehicle with a alcohol concentration of 0.179% in alcohol due to influence of drinking, was considered as unfavorable circumstances.
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;