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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 September 21, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Seoul Eastern District Court on September 21, 2016, and a person who was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Sungnam Support of Suwon Friwon Friwon on July 22, 2015.
Nevertheless, on July 30, 2017, the Defendant driven a car at approximately 3 km section in front of the entrance of the main population at the same time at the front of the elementary school in the vicinity of the Goung-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, without obtaining a driver's license, and CW520D car in the blood alcohol concentration of 0.108% in the blood alcohol concentration.
Accordingly, the defendant, who had a criminal record due to drinking twice or more, was driving without a license at the same time before driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving, the driver's license ledger, and the application of statutes that inquire about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. 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 of the suspended execution (the accumulated criminal records due to driving of drinking) are accumulated;
The fact that a person drives a drinking again while under influence of 0.108% of alcohol concentration in blood without a driver's license is disadvantageous, confession, reflectment, and that social ties are clear, respectively, considering favorable circumstances).
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;