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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
On November 16, 2011, the Defendant issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on November 16, 201, and a fine of KRW 8 million on August 26, 2015 by a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon.
On August 23:48, 2016, the Defendant driven Category B 140 car driving from the 300-meter section to the front road in the flusium of the Sungnam-si Seoul Metropolitan City, with alcohol content of 0.186% while under the influence of alcohol in blood without a driver's license.
Summary of Evidence
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. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (limited to such previous convictions);
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 suspension of execution (i.e., the violation and the absence of previous convictions exceeding the fine);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;