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A defendant shall be punished by imprisonment for not less than eight 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
On September 28, 2012, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (drinking driving) in the support for the development of a water source method, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court on January 12, 2016.
On April 4, 2016, the Defendant, without a driver’s license of a motor vehicle around 00:23, driven a Bone Star Co., Ltd. under the influence of alcohol content of approximately 0.064% from a 700-meter section from the front of the two apartment 1786 Sinsi-dong 1786 to the front of the Sinju Tourist Tourist City, Sinsi-dong 162-5.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the previous convictions in the same case and report);
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. Selection of imprisonment with prison labor chosen;
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 suspension of execution (Taking into account that there is no enemy who has been sentenced to imprisonment or heavier punishment for the same crime);
1. Article 62-2 of the Criminal Act on the observation of protection;