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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
On August 28, 2015, the Defendant received a summary order of KRW 2.5 million from the Seoul Eastern District Court due to a violation of the Road Traffic Act (drinking driving), and on November 23, 2015, the Defendant received a summary order of KRW 3 million from the Jung-gu District Court due to the same crime, etc.
On January 1, 2016, around 05:47, the Defendant driven B-low-income vehicle with a alcohol level of about 0.096% alcohol level without a driver’s license over a section of about 1km between the Lao street in Gangdong-gu Seoul Metropolitan Government and the roads adjacent to the rock station distance in the same Gu and Dong-dong.
As a result, the defendant was punished not less than twice for a violation of the Road Traffic Act (drinking driving) and was driving a motor vehicle without a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of drivers working at the main place and a statement of control details;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 of the Road Traffic Act (non-licensed driving) of the same Act;
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 (i.e., confession, reflective attitude, criminal experience, etc.);
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) reflects his/her mistake in depth, there is no record of crime exceeding
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;