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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 19, 2013, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court for a crime of violation of the Road Traffic Act, and on April 22, 2014, the Defendant was issued a summary order of KRW 5 million by the same court.
On August 21, 2016, at around 07:50, the Defendant was under the influence of alcohol with 0.137% of blood alcohol concentration, without obtaining a driver’s license, and the Defendant was driving a car at the level of 2 km up to 1 km prior to the Aguc-ro 8-ro 1 (Nom-dong) from the Jeju apartment near the Jeju apartment, which is linked to Jeju.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and related photographs;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a summary order accompanying the same criminal records);
1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Order of community service: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
Conditions unfavorable to the reasons for sentencing: 4 times a fine for the same previous conviction and fine (the part of the previous conviction and the part of the previous conviction on February 27, 2013, and the fine of 1.5 million won a fine of the Jeju District Court for the violation of the Road Traffic Act (Ming