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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
On May 25, 2015, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon-cheon, and on February 24, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime, etc. by the same court.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on February 18, 2017, the Defendant driven B-WD car with approximately 200 meters alcohol concentration at the section of about 0.297% of alcohol concentration in blood without a driver’s license in the direction of approximately 200 meters from the day before the Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-gu, Sin-si, Seoul, Seoul, to the front day of the day.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident;
1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to requests for appraisal;
1. The ledger of motor vehicle driving and details of revocation of driver's license;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):
1. The reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend a class are as shown in the first head of the crime in the judgment of the Defendant, even though the Defendant had been punished twice due to drinking and non-licenseless driving in 2015, and repeated drinking and non-licenseless driving in a short period, the relevant crime’s liability is heavy, and there are circumstances in which the second accident was committed in the course of moving the vehicle after the first accident.