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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 28, 2017, the Defendant was notified of a fine of KRW 1 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan branch on April 28, 2017, and the Defendant was notified of a fine of KRW 4 million in the same court on March 15, 2018.
On January 6, 2019, at around 04:10, the Defendant driven a C-A-hurd-hurged vehicle with a blood alcohol concentration of 0.06% under the influence of alcohol without obtaining a driver's license from the 5km section from the roads of Geumcheon-gu Seoul Metropolitan Government to the front roads of Guro-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. Smoking measuring instruments and report on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect's drinking and non-licensed driving records);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;