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A defendant shall be punished by imprisonment with prison labor for up to 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
On November 9, 2016, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million in the same court on December 23, 2016, as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on November 9, 2016.
On May 17, 2017, the Defendant, without obtaining a driver’s license, driven a B-e-car at the section of 500 meters from the front side of the Cheongju-gu, Seowon-gu to the 1nd day of the 771-ro, Cheongju-si, in a state of alcohol concentration of 0.170% of alcohol during blood transfusion around 23:40%.
As a result, the Defendant, who was punished more than twice as a crime of violating the Road Traffic Act, was driving a motor vehicle without obtaining a driver's license while driving the motor vehicle again while driving the motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. An explanatory note;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (Attachment of summary order), and application of a copy of each summary order by 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;