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A defendant shall be punished by imprisonment with prison labor for up to 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 May 31, 2016, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court’s branch on May 31, 201, and on February 10, 2017, the Defendant received a summary order of KRW 4,00,000 as a fine for a violation of road traffic law (drinking driving) from the Daejeon District Court’s branch office.
On May 25, 2018, at around 00:50 on May 25, 2018, the Defendant, without a driver’s license, driven a Bbenz car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.122% from the 200-meter section to the underground parking lot of “Damart apartment located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.”
Summary of Evidence
1. Statement by the defendant in court;
1. A witness's statement;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. On-site photographs;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (report attached to a summary order of the same kind of suspect), and a summary order;
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 under Article 62-2 of the Criminal Act, including the previous conviction in the judgment, the Defendant driven a motor vehicle under the influence of alcohol while under the influence of alcohol, even though he/she had been punished several times for traffic-related crimes, including drinking driving.
However, the defendant has recognized his mistake, and there is no history of punishment heavier than a fine after around 199.
In addition to these circumstances, various circumstances revealed in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.