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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 20, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on February 22, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court.
On November 11, 2015, the Defendant, without obtaining a driver’s license on a vehicle at around 03:30, driven C-low-income vehicle at a distance of about 700 meters from the lower part of the lower part of the city of Busan to the front road of the entrance of the park while under the influence of alcohol content of 0.156%.
As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);
1. Article 148-2 (1) 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 by repeating the same kind of crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (i.e., confession of a defendant and the fact that a defendant has no record of committing an offense exceeding the fine, considering extenuating circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);
1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;