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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
Criminal facts
On April 11, 2003, the Defendant received a summary order of KRW 700,000,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act (drinking driving), on February 9, 2007, a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on February 9, 200, and on October 27, 2014, a fine of KRW 4 million was issued by the Changwon District Court on October 27, 201.
On March 21, 2016, the Defendant driven a B-hand vehicle under the influence of alcohol content of about 100 meters at a section of about 100 meters, without obtaining a driver’s license, from the front of the cafeteria of the “lurg public city” in the Seocho-gu, Changwon-si, Seoul, to the front of the cafeteria of the same Gu’s Jindo, and without driving a vehicle under the influence of alcohol content of about 0.069%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;