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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 April 28, 2014, the Defendant issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 13, 2010, respectively.
On March 22, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on March 22, 2017, driven B EX car at a level of 0.095% alcohol concentration in blood on the road near the Bank of Korea located in Seo-gu, Seo-gu, Gwangju.
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. The point of previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order);
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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.