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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
Criminal facts
[criminal history] On February 10, 2015, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on February 10, 2015, and a person who was sentenced to a fine of KRW 5 million at the Seoul Northern District Court on June 27, 2017 and was under the influence of alcohol at least twice.
[2] On January 25, 2018, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol leveling 0.064% while under the influence of alcohol leveling 0.064%, without obtaining a driver’s license from the Do in front of the 162-17 Am-ro, Samsung Electronic Syll, Samsung-ro, 162-17, to the same Do in front of the 500-meter-ro Samsung Electric Syll.
Summary of Evidence
1. Statement by the defendant in court;
1. Stickers, the license ledger, and the result of making a tea inquiry;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the Defendant’s Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the Defendant’s Act on the Punishment, etc. of Specific Crimes (Article 62 of the Act on the Punishment, etc. of Specific Crimes) provides that the Defendant has no record of criminal punishment exceeding a fine, while causing a traffic accident while driving a drinking or a non-license without a license; Article 62(1) of the same Act on the Punishment, etc.
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;