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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
The Defendant is a person who driven a motor vehicle under the influence of alcohol on October 16, 2012 (the issuance of a summary order of KRW 3 million at the Suwon Friwon on November 20, 2012), who driven a motor vehicle under the influence of alcohol on April 23, 2014 (the issuance of a summary order of KRW 3 million at the Suwon Friwon Friwon on May 9, 2014), and violates Article 44(1) of the Road Traffic Act on at least two occasions.
Nevertheless, on August 22, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on August 22, 2018, driven a Cran vehicle at approximately 1 km from the road located in the Namyang-gu Namyang Eup’s Namyang-gu Seoul Metropolitan City Southern-do Southern-ro 0.134% of alcohol content in the influence of alcohol during blood, to the road prior to the 127-day melting melting-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the arrest of a case;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Records of judgment: Application of an inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;
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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act has the history of driving alcohol at least twice, and the Defendant, whose driver’s license was revoked due to driving under drinking on December 8, 2012, is not easy to commit such crime. The Defendant, even though he/she had the history of being punished due to being discovered by driving under drinking in October 2012, driving under a license without a license or driving under a license without a license in April 2014, and driving under a license without a license in July 2016, there is a little possibility of criticism.
However, the defendant recognizes the crime of this case.