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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 September 28, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on March 4, 2010, issued a summary order of KRW 3.5 million due to a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon support on March 4, 2010. On December 31, 2015, the Defendant received a summary order of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon support.
Although the Defendant had been punished for driving under drinking more than twice as above, the Defendant 1 driven B Newcompers XG automobiles with approximately 100 meters alcohol leveled from the front of the apartment on April 8, 2017, to the front of the apartment road, which was located on the 13-lane 15, Gu-U.S.-U.S., from the front of the apartment road to the front of the Gu-U.S., without obtaining a driver’s license, while under the influence of alcohol leveled by about 0.126%.
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. Registers of driver's licenses and details of revocation of driver's licenses;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate 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. In addition to the drinking driving record as indicated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the court shall render a judgment as ordered in consideration of the following circumstances: (a) the alcohol concentration level in the blood transfusion of this case; (b) the background of the crime; and (c) the character and conduct of the defendant; and (d) the circumstances after the crime, etc.