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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence 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 of Crimes】 On July 19, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a violation of road traffic law (drinking) in the Daegu District Court and Racing Support on December 30, 2007, a fine of KRW 1.5 million in the same court as the same crime in the same court on December 30, 208, and a fine of KRW 5 million in the same court on May 25, 2016, and was punished for drinking driving three times.
【Criminal fact-finding on May 27, 2017: (a) the Defendant driven a forest head DNA, which was located in Bosong-dong, Seogmun-dong, on May 27, 2017, with approximately KRW 7km from the boundary of about 7km to the two-way roads of this cooking-si, without obtaining a driver’s license, while under the influence of alcohol for about 0.075% of alcohol content during blood while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. On the road traffic law violations (driving a drinking or non-licensed driving), arrest reports of suspects, reports on the circumstances of drivers driving a drinking, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, etc. (A), a report on investigation (verification of a drunk driving and a previous driver's license without a license), and a written judgment ( racing-support 2016
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Small Quantity (a) that the defendant does not drive a drinking/free license again while the defendant repents his/her mistake;
There are various extenuating circumstances, such as the fact that there is no record of punishment exceeding the fine due to the same crime.
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., grounds for mitigation of the aforementioned amount);