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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 April 8, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jeju District Court on April 8, 2015, and on April 19, 2016, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.
On July 1, 2016, at around 02:20, the Defendant was under the influence of alcohol with 0.121% of blood alcohol concentration, without obtaining a driver’s license, and the Defendant driven a 2km car at a level of 3 km from the Do near the original city linked to Jeju city to the Do in the Do in the Do of Jeju City to the Do in the front city of the Rotototop Do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the situation of drinking driving;
1. Registers of driver's licenses and details of suspension thereof;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order for the same kind of crime);
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.;
Circumstances unfavorable to the reasons for sentencing: The repetition of drinking driving within a short time.