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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 21, 2006, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking driving), and on June 15, 2016 at the Ulsan District Court, the Defendant issued a summary order of KRW 5 million with a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking driving).
On June 18, 2016, the Defendant: (a) driven a B-do motor vehicle under the influence of alcohol level of at least 0.093% while under the influence of alcohol level of at least two times, without obtaining a driver’s license, from the third distance in front of the branch school of the bank located in Ulsan-gun, Ulsan-gun, U.S., U.S., in the same direction to the roads in front of the river located in the village of the same 4km-do; and (b) drive a motor vehicle under the influence of alcohol level of at least 0.093% while driving the B-do motor vehicle under the influence of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Ascertainment and report of non-licensed driving of drinking, notification of the results of crackdown on driving of drinking, report on the circumstances of driving of drinking, and inquiry of the results of crackdown on driving of drinking;
1. Each report on investigation;
1. The driver's license ledger;
1. Making teas;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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 (Options of imprisonment);
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 (see, e.g., Article 62 (1) of the Criminal Act;
1. An order to attend a course under Article 62-2 of the Criminal Act;