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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【The Defendant issued a summary order of KRW 3 million on April 26, 2017 to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Suwon Friwon method, and on May 18, 2017, the same court issued a summary order of KRW 3 million for the same crime, etc.
【Defendant Inasmuch as the above-mentioned crime committed a violation of the Road Traffic Act (driving of Drinking), was a person who has been punished twice or more, and driving a motor vehicle with E-rumd from a section of about 300 meters from the home plug, which is in the water-related hand-on line, in the state of drinking at least 0.065% of alcohol while under the influence of alcohol at around 00:40 on June 18, 2017 without obtaining a driver’s license for a motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reason for sentencing) - The driving of drinking alcohol while under a non-licensed license;
b. - The Defendant has the record of having been punished several times for the same crime, and the time of the crime is also concentrated in a short period, and the quality of the crime is inferior. favorable circumstances - The Defendant recognizes all criminal facts. - In consideration of the alcohol concentration in the blood of the Defendant - The Defendant has no record of having been sentenced to a fine exceeding the fine until now. In each of the above circumstances, the sentence should be imposed as ordered in consideration of all the