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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 September 27, 2007, the Defendant received a summary order of KRW 500,000 from the Cheongju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on July 20, 2017.
On January 17, 2019, at around 22:20, the Defendant driven a DM5 car from the section of about 500 meters from the front side to the front side of C, without a driver's license, while under the influence of alcohol of 0.102% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Report on the situation of operation without a license;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The favorable circumstances shall be taken into consideration, such as the frequency and degree of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the amount of drinking water, etc., the time and reflects, and the fact that the driver does not drive drinking again, etc.
In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.