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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
On March 16, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on March 16, 2009, a fine of one million won for the same crime in the same court on May 4, 2009, and a fine of five million won for the same crime in the Suwon District Court on December 12, 2014, respectively.
On September 5, 2015, the Defendant driven a BM7 car under the influence of alcohol content of 0.09% while under the influence of alcohol content of 0.09% without obtaining a driver's license from the front side of the gallongal road located in the public road of an Eup/Myeon in Ansan-si, an Eup/Myeon on the same day from the front side of the gallongal road to the front side of the agricultural mountain.
As a result, the Defendant, who has driven two or more times under the influence of alcohol, once again driven a motor vehicle while under the influence of alcohol, and simultaneously driven a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A driver's license inquiry;
1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes;
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. 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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;