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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 24, 2016, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of road traffic law (unlicensed driving) from the Incheon District Court’s Busan District Court’s Branch Branch on June 24, 201, and a fine of KRW 1,50,000 for the same crime in the same court.
[2] On November 21, 2017, the Defendant was under the influence of alcohol content of 0.139% in blood without obtaining a driver’s license for a motor vehicle on November 21, 2017. The Defendant driven a B Ssp-type vehicle from an insp-type section between the middle-dong market in Bupyeong-si and the 73-ro 25-ro to the same Sinsp-ro 25-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, the statement report on the situation of the driver driving without a license, the situation report on the driving of a driver without a license, the ledger of driver's licenses and the next inquiry;
1. Application of each statute on photographs;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Decision of imprisonment with prison labor is made in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is sentenced to a fine for the same kind of punishment, and that the period of non-license is a long-term term, and the defendant reflects his gender, and all other circumstances, including the age, sex, circumstances leading to detection, and circumstances after the crime, etc. shall be determined