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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On March 15, 2017, the Defendant was issued a summary order of KRW 5,000,000 as a fine for a violation of road traffic law at the Suwon Flag Flag, and a summary order of KRW 5,00,000 as a fine for the same crime at the same court on April 12, 2017.
[2] On July 22, 2017, the Defendant, “2017 Highest 7807,” driven Bone Starting from the section of about 1km from the road near the Gungdong in Suwon-si, Suwon-si to the 720 front roads in Suwon-si, Suwon-si, the alcohol concentration of which is 0.20% under the influence of alcohol at around 07:50 on July 22, 2017.
On December 10, 2017, the Defendant 2018 Godan 1051 driven a vehicle from the 232nd road to the 853rd road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was under the influence of alcohol of about 0.171% in alcohol during blood without obtaining a driver's license from the 4km section from around 18:00 to the 853rd road in Suwon-si, Suwon-si, Suwon-si, Suwon-si.
Summary of Evidence
"2017 Highest 7807"
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, notification of the results of crackdown on drinking driving, and lifts;
1. The driver's license ledger;
1. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2018, 1051";
1. Statement by the defendant in court;
1. Requesting the driver of the main place of business to make a statement on the circumstances and to appraise alcohol concentration in the blood;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense;
1. Punishment for any violation of traffic laws on each commercial competition and any violation of traffic laws on roads, and punishment between such violations, and punishment for any more severe violation of traffic laws on roads;
1. Selection of each sentence of imprisonment;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which provides for aggravated concurrent crimes (a heavier punishment).