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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 16, 201, the Defendant issued a summary order of a fine of 1.5 million won for a crime of violating road traffic laws at the Ulsan District Court on May 16, 201, and on July 22, 2015, in addition to the issuance of a summary order of a fine of 2 million won for the same crime by the same court on July 22, 2015, the same record is more than once.
[2] On December 18, 2015, the Defendant driven a BRanon-car under the influence of alcohol level of 0.117% while under the influence of alcohol level of 0.17%, without obtaining a driver’s license, from a section of about 1km from the vicinity of the Yansan-si, Chungcheongnam-si, Chungcheongnamnam-si to the front road of the apartment in front of the apartment.
As a result, the Defendant, who had at least twice the history of violating the Road Traffic Act, 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. Report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking and the register of driver's licenses;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);
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. Article 40 (Selection of Punishment of Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;