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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
Punishment of the crime
[Criminal Records] The Defendant issued a summary order of KRW 2 million for a crime of violating Road Traffic Act at the Ulsan District Court on March 20, 2008, and the same year
7. On September 16, 2014, a summary order of KRW 4 million was issued by the same court due to a violation of the Road Traffic Act, and a fine of KRW 5 million was issued by the same court on September 16, 2014, and a summary order of KRW 6 million was issued by the same court on June 17, 2015 due to a violation of the Road Traffic Act.
[2] On December 19, 2015, the Defendant, without obtaining a driver’s license around 21:30 on December 19, 2015, driven a car with C low-speed car from about 1km to the entrance of the operations office located in the same Ri, Pule-gun, Ulsan-gun, Ulsan-gun, the alcohol content of which is 0.132% under the influence of alcohol during blood.
As a result, the defendant was sentenced to criminal punishment twice or more due to drinking, but he was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (Attachment to the same type of judgment);
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. Article 40 (Selection of Punishment of Imprisonment);
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (Article 53 and 55(1)3 of the same Act ( normal consideration as follows):
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);
1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has a career of having been punished by drinking alcohol driving several times, and in particular, the crime of drinking alcohol driving in this case was committed again even after being punished by a fine for the crime on three occasions since June 2015 by repeated driving of drinking on three occasions.