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A defendant shall be punished by imprisonment for 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 June 8, 2011, the Defendant was sentenced to a fine of 700,000 won for a crime of violating road traffic law (drinking) in the Changwon District Court’s smuggling branch on June 8, 201, and was issued a summary order of 5 million won for the same crime, etc. on May 1, 2014.
The Defendant, as above, driven a B rocketing car under the influence of alcohol content of approximately 0.165% without obtaining a driver’s license from around 500 meters in the section of 500 meters to the front road of the Union of the Republic of Korea located in the same Eup/Myeon, from April 18, 2016, on a person who has violated Article 44(1) of the Road Traffic Act not less than twice, and around 21:40 on April 18, 2016, in the same Eup/Myeonn-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
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; 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;