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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 November 30, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Gunsan Branch of the Jeonju District Court of Korea on November 30, 2009, and on November 12, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws in the same court on November 12, 2014.
On October 7, 2015, the Defendant driven a e-motor vehicle under the influence of alcohol level of 0.107%, without obtaining a driver’s license, from the dry field owned by the Defendant, located in Do in Yasan-si, to the front cridge of the apartment in front of the apartment located in the same Mo-dong at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;
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. To refrain from driving under the influence of alcohol or without a license again, such as scrapping, etc., under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount;
being punished more severe than the fine for the same kind of crime, etc. shall be taken into account
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448,
1. Article 62-2 (1) of the Criminal Act and the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;