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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of 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 2, 2017, the Defendant was sentenced to a fine of KRW 4 million in the Cheongju District Court due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2.5 million in the Cheongju District Court due to a violation of the Road Traffic Act (drinking driving) on August 27, 2010.
On July 4, 2017, at around 22:41, the Defendant driven a water source fested vehicle with alcohol content of 0.085% while under the influence of alcohol without a driver’s license at a section of approximately 2km from the front side of the water source, which is located in the south-gu, Seo-gu, Seo-gu, Seog-gu, Seog-si to the parallel of the head of the same Gu.
Summary of Evidence
The defendant's legal statement report on the circumstances of the driver who is placed in the state and the previous conviction on the control of drinking driving: Application of the law of inquiry, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the stay of execution (i.e., reflection of errors and absence of criminal records exceeding the fine);
4. Taking lectures and community service orders under Article 62-2 of the Criminal Act;