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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 15, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch's Branch's branch's branch's branch's of the Busan District Court's District Court's order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) on January 15, 2016. On July 20, 2015, the Defendant was sentenced to a fine of KRW 2,50,000 as a fine for a
On April 12, 2018, the Defendant driven B e-mail vehicles under the influence of alcohol content of at least 0.109% while under the influence of alcohol content 0.109% without a driver’s license, from the singing line to the front day of a restaurant located in the Eup/Myeon in the Busan Metropolitan Government’s Articles of Incorporation on April 22:25, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of a driver driving on the main driving), report on the circumstances of the driver driving on the main driving, inquiry into the results of crackdown on the driving of alcohol, details of the revocation of the driver's license, report on the situation of driving on the main driving, report on the situations of
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. An order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act is an unfavorable circumstance to the defendant with three times his/her previous convictions of drinking, etc.
However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant is seriously opposed to the facts charged, that the degree of driving is very high, and that the distance of driving is not very long.
In addition, the defendant's age, sex, environment, and means and results of committing the crime.