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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On June 30, 2016, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on October 4, 2016, issued a summary order of a fine of eight million won or more for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's District Court's summary order on more than two occasions under the Road Traffic Act.
On November 9, 2016, the Defendant was under the influence of alcohol of 0.186% in blood without obtaining a driver’s license for a motor vehicle on November 9, 2016, and was driving approximately 1 km B SM5 motor vehicle from the vicinity of the gravel market located in the Southern-gu Busan Metropolitan City to the 7-way way in the bewing-dong located in Busan Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).
6. Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures.