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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 11, 2006, the Defendant issued a summary order of KRW 1.5 million in the same court on June 12, 2012 to a fine of KRW 3 million in the same crime as a crime of violating the Road Traffic Act at the Gwangju District Court on September 11, 2006.
On May 5, 2018, at around 16:20, the Defendant driven a BM5 vehicle under the influence of alcohol level of 0.130% while under the influence of alcohol level of 0.130%, without obtaining a driver's license from around the end of Gwangju Northern-gu, Seobro 27-2, Seobro, west-ro, 27-2, from around the 27-2, Seobro, west-gu, Gwangju.
On June 23, 2018, the Defendant driven BM5 vehicles from around 16:00 to 21:41 on June 23, 2018 without obtaining a driver’s license from the same section of approximately 3 km to the same Myeon-ro 187-1, an old Myeon-ro 187-1.
Summary of Evidence
"2018 Highest 2429"
1. Statement by the defendant in court;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to a summary order of the same type) 2018 highest order 3034;
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The defendant has a number of records of punishment, and the defendant is judged to drive under drinking prior to the instant case.