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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 Force】 The Defendant was issued, respectively, a summary order of KRW 1.5 million on March 25, 2014, and a fine of KRW 4 million on August 10, 2016, by the Ulsan District Court.
【Criminal fact-finding on May 3, 2017, the Defendant driven a Bwork-free vehicle under the influence of alcohol content of about 0.101% without a driver’s license, from around approximately 200 meters from the front of a mutually influent restaurant located in the Nam-gu, Ulsan-si to the front of the night road located in the same area.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;
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. 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 of the Order to Attend the lecture of this case was that the defendant had the ability to drive drinking without the permission of this case even though he had the previous two times of driving alcohol, the fact that the blood alcohol concentration is higher than the unfavorable circumstances, or there is no record of being sentenced to a punishment exceeding the fine for the same kind of crime, and that he would not drive the drinking again.
taking into account the fact that the disposition is being taken, the sentence shall be determined as ordered.