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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 December 8, 2015, the Defendant received a fine of KRW 1.5 million due to a violation of road traffic laws (drinking driving) from the Changwon District Court's support on December 8, 2015, and on July 29, 2016, the Defendant received a fine of KRW 1.5 million due to a violation of road traffic laws (drinking driving) from the Changwon District Court's support on July 29, 2016, and received a fine of KRW 1.
However, on November 27, 2016, the Defendant driven a car with approximately 4 km from a public parking lot located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, a member of Changwon-si, with a alcohol level of 0.076% under the influence of alcohol during blood, without obtaining a driver's license around 00:30 on November 27, 2016 to the front road of Seowon-si, Changwon-si, a member of Changwon-si, a member of Changwon-si, with a level of about 0 km from the public parking lot
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Records of judgment: Application of an inquiry letter, such as criminal history, and statutes;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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 (which acknowledges and reflects his/her mistake, has no record of suspension of execution or higher, and the driver does not again drive under the influence of alcohol or without a license;
the defendant's home environment, etc.
1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);
1. An order to attend a course under Article 62-2 of the Criminal Act;