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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 history] On August 6, 2010, the Defendant was issued a summary order of KRW 3.5 million from the Seocheon Branch of the Incheon District Court to a fine of KRW 3.5 million for the crime of violating the Road Traffic Act, and from the Seosan Branch of the Daejeon District Court on August 9, 2012 to a fine of KRW 3.5 million for the above crime.
[ 범죄사실] 피고인은 2015. 11. 20. 00:28 경 부천시 원미구 상동 길 주로 63 스타 팰리스 부근 도로에서부터 같은 구 길 주로 69 테마 파크 호텔 앞 도로에 이르기까지 약 70m 구간에서 자동차 운전면허 없이 혈 중 알코올 농도 0.095% 의 술에 취한 상태로 B 체어 맨 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of driving of drinking alcohol, and report of the circumstances of driving of drinking alcohol;
1. Report on the circumstances of driving without a license;
1. License register;
1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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 to mitigate amount of reduction (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime, the degree
1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);
1. An order to attend a course under Article 62-2 of the Criminal Act;