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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
[criminal history] On October 9, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of road traffic laws at the Seo-gu District Court Branch Branch of the Daegu District Court on the summary order of KRW 1,50,000,000 to a fine for a violation of road traffic laws (driving) at the Daegu District Court on January 29, 2016, and driving under the influence of alcohol at least twice.
[2] On January 16, 2018, the Defendant driven a CWz car under the influence of alcohol content 0.103% while under the influence of alcohol content 0.103%, without obtaining a driver’s license from around 1 km section of the SK apartment behind the SK apartment located in the Daegu Suwon-gu, Daegu-gu, 2018 to the front road of the Kump apartment in the same Dong.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.
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. 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order was punished by a fine on several occasions due to drinking driving, and as a result, the defendant tried to commit the crime of this case, the defendant choice of imprisonment as it is difficult to achieve the purpose of punishment, but considering the fact that the defendant appears to reflect on his gender, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.