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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] The defendant was punished by a fine not exceeding three million won for a violation of road traffic laws in the Changwon District Court's jurisdiction on April 25, 2016, and the same year
9.6. The same court received a summary order of 5 million won or more for the same crime, etc.
[2] On March 28, 2018, at around 02:25, the Defendant driven BM3 automobiles under the influence of alcohol concentration of 0.088% while under the influence of alcohol during blood without obtaining a driver’s license from the 46-day 7-lane 192 at the same time from the front of the drawing station, from the front of the drawing station, and from the front of the new common hospital, the Defendant driven BM3 automobiles under the influence of alcohol concentration of 0.08%.
As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle in the influence of alcohol in violation of the above provision, and driving the motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, statement of the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);
1. Registers of driver's licenses and details of revocation of driver's licenses;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of 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. An order to attend a course under Article 62-2 of the Criminal Act;