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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On April 19, 2007, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on September 2, 2008, issued a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court on September 2, 2008, and on February 3, 2015, issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court on February 3, 2015.
On December 6, 2016, at around 23:55, the Defendant driven a 50-meter B SM5 car at around 50 meters from the trade influoral roads located at the bottom of Busan Fluoral Zone to the Eluoral roads located at the bottom of the same Gu, while under the influence of alcohol content of 0.072% of alcohol during blood without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 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 (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).
6. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;