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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
[2] On September 30, 2010, the Defendant issued a summary order of KRW 2 million on May 14, 2015 with a fine of KRW 5 million from the Gwangju District Court as a crime of violating road traffic law in the Changwon District Court's branch on September 30, 2010.
On March 24, 2018, the Defendant driven B automobiles at a section of about 300 meters from the monthly grain parking lot in Gwangju Mine-gu to the front road in the middle school of the same month from the monthly grain parking lot in the same Gu, under the influence of alcohol level of 0.066% without obtaining a driver's license on March 24, 2018.
[2018 Highest 1500] On April 3, 2018, the Defendant driven a B body first car at a section of approximately 1 km from the front of the Do in front of the Do in front of the Do in the Seoul High School Center in the Nam-gun, the Namnam-gun, the Namnam-gun, the Namnam-gun, the Do in front of the Do in the Do in the same Eup and Myeon.
Summary of Evidence
[2018 Highest 1041]
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;
1. The driver's license ledger;
1. A previous conviction in judgment: Three copies of a reply to inquiry, such as criminal history, and a copy of a summary order [2018 Go Order 1500];
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s history of punishment for driving without a license for drinking alcohol and the interval between the crimes of this case, etc., to select and punish imprisonment with prison labor, and the details leading to the blood alcohol concentration and the driving without a license for drinking alcohol.