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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 23, 2017, the Defendant driven approximately 1.2 km from the front Do of the B-Jan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si
On July 30, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) at the Jung-gu District Court Goyang Branch on July 30, 2010, and on April 8, 2016, the same court received a summary order of KRW 1,50,000 as a fine for the same crime.
On August 21, 2017, the Defendant driven B, while under the influence of alcohol content of about 0.057% without a driver’s license, from around the fire station located in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front road of the 143 large church name 100 meters wide-ro 107, i.e., 107.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
"2017 Highest 2286"
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license and the ledger of driver's licenses "2017 Highest 3313";
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and written summary order, of seven Acts and subordinate statutes;
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Road Traffic Act (Unlicensed Driving) by a person on August 21, 2017 and the crimes of violation of the Road Traffic Act)
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 Criminal Act for orders to provide community service and attend lectures;