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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On August 13, 2008, the Defendant received a summary order of KRW 700,000,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving) and on March 2, 2015, the same court issued a summary order of KRW 4 million for the same crime.
[2] On May 2, 2017, around 13:03, the Defendant driven B Poter II cargo while under the influence of alcohol content of 0.067% without obtaining a driver’s license from approximately 600 meters section from the 600-meter radius from the front elementary school located in the Doi-Eup of the Dong-gu, Chungcheongnam-gu, Jeju to the long-distance road at the entrance of a small road located in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and statutes;
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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., the fact that the defendant is against his/her will, the fact that he/she has no criminal record of being punished by a stay of execution or more than a stay of execution, and the fact that the alcohol concentration in the blood transfusion of driving alcohol is relatively high);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed consideration of the grounds for reduction of the amount of punishment);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;