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A defendant shall be punished by imprisonment for not more than ten 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 May 11, 2012, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon Friwon on May 11, 2012. On March 16, 2016, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving) from the Incheon District Court.
On June 5, 2016, around 22:37, the Defendant driven a D-learning car under the influence of alcohol concentration of 0.129% in blood, without obtaining a driver's license, from around 10km-ro, Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City to the road in front of the 170 Incheon International Trade Complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of driving at home, and the driver's license register;
1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation of criminal history, previous convictions and reporting, etc. (List 10);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
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. In the event that the crime of drinking, driving without a license, and driving without a license, of this case is sylled at the time when four months have passed since the date of the last crackdown and four months have passed since the date of the enforcement of the crime due to the crime of drinking, driving without a license, which is favorable to the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, and Article 62-2 of the Act, and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, etc., it is probable to repeat the crime of the same
The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.