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1. The defendant shall be punished by imprisonment for eight 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.
Reasons
Punishment of the crime
On July 11, 2013, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch branch, and on July 27, 2015, the Defendant was sentenced to a fine of 3.5 million won for a crime of violating the Road Traffic Act.
Criminal facts
Although the Defendant had been punished twice or more due to drinking driving, on May 6, 2017, the Defendant driven D X-ray car under the influence of alcohol concentration of 0.159% without obtaining a driver’s license from the front of the first apartment building to the front of the apartment complex located in the Busan-gun’s articles of incorporation from around 10km to the front of the apartment complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. The driver's license ledger;
1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;