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A defendant shall be punished by imprisonment for not less than eight 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 August 7, 2009, the Defendant issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act at the Gwangju District Court on July 26, 201, a summary order of KRW 2 million for the same crime from the wooden Branch of the Gwangju District Court on July 26, 201, and a summary order of KRW 7 million for the same crime on January 15, 201, respectively.
[Criminal facts] On December 11, 2016, the Defendant driven a C rocketing car under the influence of alcohol of about 0.112% of alcohol concentration in blood without obtaining a driver’s license from the front side of a bus terminal located in Sinpo City, Mapo-si, Mapo-si, Mapo-si, to the Mapo-si Intersection of 1.5km.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);
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 sentence as ordered shall be determined by comprehensively taking account of the following factors: (a) the Defendant’s criminal records as indicated in the reasoning of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, community service order, and order to attend a lecture, the alcohol concentration during blood