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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On November 15, 2002, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of Daejeon District Court on November 15, 2002, a summary order of KRW 3 million for a fine of KRW 3 million for the same crime in the same court on June 3, 2013, and a summary order of KRW 700,000 for a fine in the same court on June 16, 2015, respectively.
【Criminal Facts of Crimes】 On April 1, 2019, at around 19:30, the Defendant driven 3 freight vehicles in Fwing-3 under the influence of alcohol concentration of 0.157% while under the influence of alcohol without obtaining a driver’s license in the 1km section from the front of the (Gu) C Elementary School to the front of the Eriju station located in D, and without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Ineligible documents of the main office;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;
1. Article 148-2 (2) 2, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists the same previous conviction stated in the judgment, the fact that the blood alcohol concentration is more favorable: The fact that there is no previous conviction exceeding the fine, and the fact that there is no previous conviction, the defendant's age, character and behavior, environment, criminal records, criminal records, circumstances of crimes, and circumstances after crimes, etc. specified in the arguments of this case shall be determined as the same as the disposition, in consideration of all the sentencing conditions