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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 October 4, 2013, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving) from the Suwon District Court on December 9, 2016, and a fine of KRW 3 million for a violation of road traffic law (drinking driving) from the Suwon District Court on December 9, 2016, and has the record of punishment for driving under drinking more than twice.
On March 23, 2017, the Defendant, without a driver’s license around 22:35, driven a car with about 1km from the gold village located in the Geum-dong in the Geum-dong in the Geum-si in the Geum-si in the state of alcohol content of 0.10% during blood, to peace-ro 55m prior to the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking and the register of driver's licenses;
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 suspended execution;
1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.