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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 26, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million in the same court on September 3, 2010, and KRW 5 million in the same court on November 20, 2015 at the same court.
On January 18, 2017, at around 23:14, the Defendant driven a G motor bicycle in the section of approximately 150 meters of Seoul Jung-gu 33 Dasan-ro 10-4, while under the influence of alcohol content of 0.229% in blood without a driver’s license, from the front of the Eastern-ro 76-gil 35, Jung-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;