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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On February 15, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and on April 15, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).
[2] Although the Defendant had been punished on more than two occasions due to the above violation of the prohibition of drinking driving, the Defendant driven B Poter cargo under the influence of alcohol content 0.105% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the section of about 2 km up to the front road of the “Hahh-do Office” in front of the “Hah-do Office,” located in the Magdong-gu, Daegu-gu, Seoul-gu, Seoul-do, on June 21, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving under drinking, the statement of the circumstances of the driver under driving under drinking, and the report on the circumstances of the driver under driving;
1. Details of driver's license revocation and the ledger of driver's licenses;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (report on confirmation of the previous personal history), copy of summary order, etc.;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
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. The reasons for sentencing under Article 62(1) of the Criminal Act need to be punished for the same kind of crime. However, in light of the following: (a) the Defendant recognized his/her mistake and reflects against himself/herself; (b) the Defendant is obliged to support his/her mother and wife while engaging in agriculture; and (c) the Defendant has no record of punishment heavier than that of the suspension of execution, it is ordered as per Disposition.