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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
[criminal history] On May 30, 2012, the Defendant was issued a summary order of KRW 6 million each by a fine of KRW 3 million in the same court due to a crime of violating the Road Traffic Act (drinking) at the Suwon Flag Flag method Board, and on February 12, 2015, a fine of KRW 3 million was issued by the same court.
[Specific criminal facts] On May 22, 2016, at around 01:00, the Defendant driven a B-to-be car without a driver’s license, under the influence of alcohol content 0.114% in alcohol while under the influence of alcohol during blood, from around the 01:0 to the 3rd road of the 1.5km-dong B-to-be, Sinpo-si, Suwon-si, Sinpo-si, Sinpo-si, Sinpo-si, to the luan-dong B-to-si, Sinpo-gu, Sinpo-si
Accordingly, the Defendant had been punished for driving under drinking more than twice, but was under the influence of alcohol without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of a driver driving a drinking, notification of the results of regulating the driving of drinking, and records of measurement of drinking;
1. The driver's license ledger;
1. Records of judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same criminal record as the suspect);
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 amount of punishment (see, e.g., the fact that the commission of a crime is recognized and reflected, and the fact that there has been no previous conviction of a fine exceeding ten years);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;