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A defendant shall be punished by imprisonment for not more than ten 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 August 5, 2013, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method in Ansan.
On July 4, 2017, around 21:55, the Defendant driven a DK5 vehicle under the influence of alcohol content of about 0.302% without obtaining a driver’s license, from around 234 Do in Gangnam-gu, Seoul, to around 201, the main road of Gangnam-gu, Seoul, and around 1.8 km.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the record of drinking alcohol measurement and a report on the circumstances of the driver involved in drinking;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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. 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. An order to attend a course under Article 62-2 of the Criminal Act;