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A defendant shall be punished by imprisonment 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
On May 22, 2015, the Defendant received a summary order of KRW 2.5 million from the Seoul Eastern District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and on December 14, 2016, a fine of KRW 2.5 million was issued for the same crime in the support for the development of the water source method, in the same manner.
The Defendant, as seen above, was punished twice or more due to a violation of the Road Traffic Act (driving) and driven a Dice-type car under the influence of alcohol 0.097% while under the influence of alcohol without obtaining a driver’s license from the front of the C cafeteria located in the Donsan City B around December 17, 2017 to the front of the Don-Eup/Myeon located in the same city from the date of the C cafeteria in the Donsan City B around December 17, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (Attachment to the same kind of power), copy of summary order, and other Acts and subordinate statutes;
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. The Defendant, who had been punished several times due to the violation of the Road Traffic Act on the grounds of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures, is driving without a drinking license. In particular, drinking is driving under the influence of the influence of alcohol and physical exercise ability, resulting in a large-scale accident and resulting in significant harm to other unspecified persons. However, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant's mistake is recognized and against the Defendant's age, sexual behavior, environment, etc.