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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 April 6, 2015, the Defendant received a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act at the Changwon District Court, and on March 29, 2010, a fine of two million won or more due to a crime of violating the Road Traffic Act.
On October 11, 2016, the Defendant, without obtaining a driver’s license of 00:50 on October 11, 2016, driven the B low-priced car from the 2km section to the road, from the parking lot for the head of the Sin-si in Jin-si, Kim Young-si, with a alcohol content of 0.10% in alcohol during blood, to the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;