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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 28, 2015, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. at the Suwon Friwon method, and on February 12, 2016, the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court.
On May 16, 2016, around 23:21, the Defendant driven B 3 automobiles while under the influence of alcohol content of 0.094% during blood without obtaining a driver’s license from the 123rd of the Yangcheon-gu Seoul, Yangcheon-gu Seoul, to the front day of the elementary school in the same new month from the 123rd of the 19th of the new month to the 97nd day of the elementary school in the same new month.
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 driving, and the register of driver's licenses;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written 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)
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. Reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is no previous offense exceeding a fine, and that there is no reflective offense; and
(k) Unfavorable circumstances: A person who has served three times each for committing a crime of drinking or non-licensed driving; and
(k) The punishment shall be determined as per the order, in consideration of all the circumstances, such as the defendant's age, environment, and drinking driving.