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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 30, 2009, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of road traffic laws (drinking) in the Changwon District Court's branch on October 30, 2009, and on September 7, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws (drinking) in the Changwon District Court's branch on September 7, 201, and was sentenced to a suspended sentence of two or more times.
On March 30, 2017, the Defendant driven at around 16:50, 2017, B 102cc, while under the influence of alcohol leveling 0.276%, without obtaining a motor device bicycle driver’s license, at around 2 km in front of that west-ri village, in front of that west-ri village, the Defendant driven at around 16:50, 201, while under the influence of alcohol leveling 0.276%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Report on the circumstances of driving without a license;
1. License register;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 2 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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (i.e., operating a motor bicycle and having no record of being punished for the same kind of crime for the last five years);
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;