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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 10, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law, and on August 26, 2015, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of road traffic law.
On June 10, 2016, the Defendant driven a DNA SM3 vehicle under the influence of alcohol content of 0.154% while under the influence of alcohol content of the blood without a driver's license for a vehicle with approximately KRW 50 meters from the Dong-dong in Gyeyang-gu to the road in front of the collection of the Administration Assistance Bureau located in the same Gu-ro 34.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Criminal records as stated: Application of inquiry letter, investigation report (Attachment to the same paper judgment) and Acts and subordinate statutes, such as criminal history;
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. The fact that the reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is against [a favorable circumstance], that the driving distance is short, that the family's livelihood support is a relatively unfavorable circumstance], that the defendant has a criminal record of the same kind, including the recent drinking driving force, and that the drinking value is considerable;