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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 20, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on May 20, 201. On December 6, 201, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act. On May 16, 201, the Defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years for a violation of the Road Traffic Act.
On November 11, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 20:38, driving C Poter in the section of about 20km from the front side of the Agricultural Cooperatives located in the new-dong, Daegu-gu, Seoul-si, under the influence of alcohol content of 0.117% during blood, to the front road of the Defendant’s house located in the Gyeong-si, Gyeongsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. The driver's license ledger;
1. Reports on internal investigation (in relation to the conversion of drinking values) and investigation reports (in relation to drinking alcohol after an accident by a person under consideration);
1. Previous conviction: Application of a written inquiry, a copy of a summary order, 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 stay of execution (the suspension of execution of a sentence shall be limited to only once, taking into account the fact that the liability for the crime is not against the other person, given the same type of power, although the punishment for the crime is not
1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;