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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
[2] On October 22, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating road traffic laws (drinking) at the Cheongju District Court on January 12, 2016, a summary order of KRW 3,50,000 as a fine for a crime of violating road traffic laws (drinking) at the Cheongju District Court on January 12, 2016, and a fine of KRW 1,00,000 as a fine at the Cheongju District Court on August 22, 2016.
[Criminal facts] On November 07, 2016, the Defendant driven CEX car under the influence of alcohol content of about 0.146% while under the influence of alcohol content at 0.146%, without obtaining a driver’s license, from the front day of the remaining restaurant located in the Cheongju-si, Cheongju-si, the petition rate of which is 01:35,00,000, to 5-6, Cheongju-si, the petition science industry of Cheongju-si, Cheongju-si, Cheongju-si.
Summary of Evidence
A previous conviction on the Defendant’s legal statement, a written statement of the driver’s driver’s driver’s license, the notification of the results of the drinking driving control: A reply to inquiry, such as criminal history, and the application of Part III
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act on the suspension of execution;
6. The reason for sentencing in the course of study and the community service order Article 62-2 of the Criminal Act is that the Defendant is not good to commit a crime, even though he was punished three times due to drinking or non-licensed driving, resulting in repeated drinking or non-licensed driving.
However, the punishment shall be determined by taking into account the facts that the defendant reflects the defendant's mistake and that there is no previous offense except three times of the above fine, and considering the age, sex, environment, etc. of the defendant in consideration of the sentencing conditions.