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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 14, 2004, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1,500,000 due to a violation of the Road Traffic Act (non-licensed driving). On July 2, 2009, the Ulsan District Court received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act. On April 23, 2014, the Defendant received a summary order of KRW 8,00,000 due to a violation of the Road Traffic Act.
On July 26, 2017, the Defendant driven a B-hand car under the influence of alcohol content of about 500 meters at a section of about 18:30 meters in the vicinity of the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, to the private road adjacent to the art center located in the same Dong, without a driver's license, while under the influence of alcohol of about 0.205% in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual condition, on-site photographs, a report on the detection of the main driver, a tea inquiry, the ledger of driver's licenses, estimates, and written agreements;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
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. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act with more severe punishment);
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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;