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A defendant shall be punished by imprisonment for six 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 April 20, 2015, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 20, 2015. On September 9, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).
[2] On August 12, 2017, at around 17:00, the Defendant driven C 110cc Austria under the influence of alcohol while under the influence of alcohol for about 0.204%, without obtaining a motor device license from a section of about 500 meters from the front side of the Kimhae-dong, Kimhae-si to the front side of the franc restaurant in the same Dong, and without obtaining a motor device license.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual condition, a statement on the circumstances of the driver's license, and the ledger of driver's licenses;
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (former records of the same offense), copy of each judgment, and application of Acts and subordinate statutes of a summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the history of punishment three times due to drinking or one time due to driving without a license, and committed a second offense within a short time.
After the license was revoked due to the driving of the front-hand vehicle, it was discovered that it was two times or more by drinking or non-licenseing.
The influence of alcohol is important, and the influence of the road is driving along the road, which led to the shock of the vehicle that is temporarily stopped for the right-hand side of the intersection.
However, the defendant is likely to reflect his fault in depth and not repeat again.
The accident caused physical damage as a minor part, and the defendant's office is the only part of the accident.