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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 October 22, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine for a violation of road traffic law in the Seogu District Court Branch of the Daegu District Court, and was sentenced to a fine of KRW 5 million for the same crime at the Daegu District Court on April 25, 2017.
On May 12, 2018, the Defendant driven a car under the influence of alcohol concentration of about 0.076% while under the influence of alcohol without obtaining a driver’s license from the section of approximately 300 meters to the front of “the Central Highway in the Doro-ro,” which is located in the middle-gu, Daegu, Daegu, Doro-gu, Doro-gu., “Gro-gu, the department store of East Asia,” and driven a car from the road of the same Doro-ro, “bro-do,” which is located in the center of the same Doro-gu, Daegu.
As a result, the Defendant, who violated the prohibition of drinking twice or more, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);
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 suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc.