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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On February 9, 2009, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3.5 million by a fine for a violation of the Road Traffic Act at the Changwon District Court on November 28, 2016, respectively.
On July 29, 2017, the Defendant: (a) driven a D-do motor vehicle under the influence of alcohol content of 0.123% while under the influence of alcohol without obtaining a driver’s license from the fire station of North-do located in the new village of Changwon-si, Changwon-si to the roads of approximately 100 meters from the roads to the roads in front of the hot spring of the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
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 (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 (wholly considering the favorable circumstances) of the suspended execution;
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are other circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (b) the Defendant’s age, sexual conduct, intelligence and environment; and (c) various conditions of sentencing indicated in the records and arguments, including criminal records and arguments.