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A defendant shall be punished by imprisonment for six 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
[criminal history] On May 30, 2008, the Defendant was issued a summary order of KRW 1 million from the Seoul Northern District Court to a fine of KRW 1 million, and a fine of KRW 5 million from the Suwon District Court to a violation of the Road Traffic Act (driving of Drinking).
[Criminal facts] On November 15, 2015, the Defendant driven an Eystren vehicle under the influence of alcohol leveling 0.105% without a vehicle driver’s license at approximately 200 meters from the front day of the dong store-centered shopping district at the same time to the front day of the same 989 Lart, a day from November 15, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Notification of the results of regulating drinking driving;
1. A driver's license inquiry;
1. Criminal records as stated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the previous and summary order);
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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;