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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
Criminal facts
As a crime of violation of the Road Traffic Act (drinking driving), the Defendant has been punished for a fine of KRW 3 million in the support for development of a water source method in Jun. 21, 2013, and a fine of KRW 7 million in the support for development of a water source method in Ansan on July 13, 2015 due to a violation of the Road Traffic Act (drinking driving).
On April 17, 2016, the Defendant driven B Poter truck under the influence of alcohol concentration of 0.183% without a driver’s license at a section of about 20 km from the Do in front of the non-fluoral road in the city of Sinpo City to the road of about 2838 in the city of Sinpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking and keeping records of measuring the drinking;
1. To inquire into the driver's license ledger, chassis, and mandatory insurance;
1. Application of Acts and subordinate statutes to inquire about criminal history;
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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant has been led to his/her previous convictions and twice, the defendant
1. It is so decided as per Disposition for reasons of Article 62-2(1) of the Criminal Act and Article 59 or more of the Act on the Observation, etc. of Protection, etc.