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A defendant shall be punished by imprisonment for not less than eight 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] The Defendant was sentenced to a fine of KRW 3.5 million on September 4, 2008 to a fine of KRW 3.5 million on the ground of a violation of the Road Traffic Act (drinking) in the support of the Suwon Flag Flag, and a fine of KRW 6 million on August 29, 2012 due to a violation of the Road Traffic Act (dacting driving) in the support of the Suwon Flag Flag.
[Criminal facts] On February 1, 2016, the Defendant driven a vehicle B in the section of approximately 50 meters from the Do in front of the Do in the Sigra-dong, Sigrari-si, Sigrari-si, Sigrari-si, Sigrari-si, 2029-12, while under the influence of alcohol with a 0.131% alcohol concentration in blood without a vehicle driver’s license on February 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Data about driver's license;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation does not repeat the same crime in the future;
The punishment as ordered shall be determined by taking into consideration the following circumstances, including the fact that the defendant has been sentenced to imprisonment with prison labor or more for the same kind of crime until now, the defendant's age, occupation, family relationship, economic situation, etc.