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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 17, 2010, the Defendant received a summary order of KRW 700,000,000 from the Ulsan District Court's support for Kimcheon on September 25, 2017 as a crime of violating the Road Traffic Act (driving).
On March 25, 2018, at around 00:04, the Defendant driven a B earth car without obtaining a driver’s license in the state of alcohol concentration of about 0.101% in a section of approximately 300 meters in front of such GS S market in front of such road.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. Registers of driver's licenses and details of revocation of driver's licenses;
1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;
1. Relevant legal provisions concerning criminal facts;
(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;
(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;
1. 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);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;