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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 a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 13, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on May 13, 2013, and on October 27, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court.
On April 13, 2017, the Defendant, while under the influence of alcohol of 0.077% in blood while drunk, driven the said Bsch-ton car at approximately 3km from the front of the name of “ Incheon House” located near the west of the Incheon Reinforcement-gun, Incheon, the reinforcement of the transmission surface of the same military, to the 699, without obtaining a driver’s license for a motor vehicle on April 13, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Register, such as arrest report, report on the situation of the driver involved, driver's license, etc.;
1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of investigation reports (formers and statutes);
1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 of the Criminal Act provides that the defendant with the reason for sentencing three times the ability to punish drinking alcohol, and some of them are relatively recent, but the defendant's responsibility is not somewhat weak in light of the fact that he/she commits a second offense.
However, the past records are punished by a fine, and there is no criminal history exceeding a fine, and the drinking of this case is relatively low, and the defendant is in depth of his mistake, and the defendant's age, sex, environment, motive, means, and result of the crime.