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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 5, 2012, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000,000 for the same crime at the Seoul Northern District Court on October 27, 2015.
[2] The Defendant was under the influence of alcohol content 0.155% in blood without a driver’s license, and driven a BM5 vehicle with approximately 10km section from around April 18, 2016 to around 10:02 to around 10:02, Kimpo-dong, Kimpo-si, Kimpo-si, Incheon Gyeyang-gu, as the name of Gyeyang-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in the main place and the driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of respective statutes of judgment;
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)
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following favorable circumstances).
5. The reason for sentencing under Article 62 (1) (the following favorable circumstances) of the Criminal Act is that the defendant reflects his fault in depth, only two times the previous convictions of the fine, and again, he does not drive drinking or not drive a non-license.
The punishment shall be determined as per the order, taking into account the fact that it is being taken.