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A defendant shall be punished by imprisonment for not less than nine 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 March 27, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 12, 2010, the same court issued a fine of KRW 3.5 million for the same crime. On October 30, 2013, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.
On January 5, 2017, the Defendant driven a B-wing truck with alcohol level of 0.123% under the influence of alcohol level of 0.123% in blood, without obtaining a driver’s license, from the high-ri village of the Goung-dong, Goung-gun, Goung-gun to the front route of the village center of the same 500 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Details of inquiry into the ledger of driver's licenses;
1. Previous convictions in judgment: Application of the provisions of Part V, such as a reply to inquiry, a copy of summary order, etc.;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2(1), Article 62-2(2) of the Criminal Act, Article 62-2(1), the main sentence of Article 62(2), Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s blood alcohol concentration, the distance of drinking and non-licensed driving at the time of the instant crime, and the same kind of criminal records and the instant criminal records.