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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 March 9, 2017, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Sung-nam branch of Suwon District Court on March 9, 2017, and on June 11, 2018, the above court was sentenced to a fine of KRW 5 million for the same crime at least twice.
On February 4, 2019, at around 04:00, the Defendant driven a car for CNscoo-coo in approximately 4km from the front side of the mutually unfluoral road in the Gyeonggi-si, Gwangju-si, to the front side of the same city B, while under the influence of alcohol by 0.162% without a car driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. License register;
1. Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (verification of suspect drinking driving force);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of drinking under the influence of alcohol with no penalty any more severe punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, the records, such as the records, including the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., as well as the reason for sentencing under Article 62(1) of the Criminal Act;