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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 15, 2008, the Defendant was sentenced to a fine of 500,000 won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 15, 2008, and was sentenced to a fine of 2 million won for the same crime in the same court on May 13, 2010, and was sentenced to a fine of 4 million won for the same crime in the same court on July 4, 2016.
On September 25, 2017, at around 22:00, the Defendant driven a B rocketing car with approximately 300 meters from the front of a restaurant in the name of the Daejeon Seo-gu, Daejeon to the front of the same site and the front of the restaurant, without obtaining a driver's license, while under the influence of alcohol content of at least 0.07% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's blood alcohol concentration at 0.077% in the instant case is high, and the defendant shows a color against this court. According to the defendant's assertion expressed in the written written written written written written written written written written written written written written written written written written written written written written written written written written written written written written written written application, if the defendant is subject to a judgment higher than a suspended sentence after being employed as a regular employee at a public agency, it is acknowledged
Before the issuance of a summary order, the details of the disposition of alcohol concentration in the blood as of January 15, 2008 prior to the date of the issuance of the summary order, 1:0.051% fine on December 2, 2007, Dec. 2, 2007, 2000 won, 50,000 won, May 13, 2010, 2010, a fine of 0.134% on March 11, 2010, 200,000 won, 2,000,000 won on July 4, 2016, 200 won, prior to the issuance of the summary order.