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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 November 30, 2010, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law (drinking) from the Goyang Branch Branch of the Incheon District Court, and on June 11, 2015, issued a summary order of KRW 5,00,000 as a fine for the same crime.
On May 8, 2016, the Defendant driven a Bco-car under the influence of alcohol concentration of about 0.069% while under the influence of alcohol without obtaining a driver's license from a section of about 1km up to the front of the relevant farm, since the 7th city of 201, Seo-gu, Busan, Seo-gu, Seoyang-gu, Seoyang-gu, 64, the apartment road from the front of the apartment road to the high-speed 529, and the Defendant driven a Bco-car under the influence of alcohol concentration of about 0.069%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;
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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in addition to the instant crime, has been punished for drinking driving twice more.
Nevertheless, the Defendant, without any particular reason, driven a drinking or without a license.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.