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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On June 21, 2006, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on January 11, 2010, issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act at the Busan District Court, and thus, violated the prohibition of driving under the influence of alcohol more than twice under the Road Traffic Act.
On October 24, 2016, the Defendant driven a car of approximately 100 meters in 21:25 square meters from the front day of the packing end in the vicinity of Hyundai Motor Services located in the Seo-gu, Busan to the front day of the same Gu, while under the influence of alcohol by 0.115% during blood without obtaining a driver's license for a car at around 21:25.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act (including the fact that he/she has no record of imprisonment without prison labor or any heavier punishment for a crime of the same kind).
6. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;