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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. “A person who, on October 31, 2012, issued a summary order of KRW 4 million to a fine of KRW 1,00,000 on the ground of a violation of Road Traffic Act at the source of a water source method on October 31, 2012; and on January 19, 2017, the same court issued a summary order of KRW 4,00,000 as a fine for the same crime, respectively.
On January 25, 2017, the Defendant driven a DNA car with alcohol content of about 0.120% while under the influence of alcohol in a section of about 20 meters in the parking lot for the C convalescent Hospital, which is located in the wife B, Young-si on January 25, 2017.
As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
2. On May 12, 2017, the Defendant: (a) around 09:3, on May 12, 2017, the Defendant driven a DNA car without obtaining a driver’s license from around about 1km from the later side of the Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si to Gi-si, Gi-si, Gi-si, Gi-si.
Summary of Evidence
"2017 Highest 1377"
1. Statement by the defendant in court;
1. Consent letter of blood collection and response to a request for appraisal;
1. A report on the detection of a primary driver;
1. A traffic accident report (1) and on-site photographs;
1. References to inquiries, such as criminal history, and investigation reports (former records of the same type of crime) 3599 ";
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];
1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. The reasons for sentencing of Article 62(1) of the Criminal Act (recognating favorable circumstances) are as follows.