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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 23, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) in the leisure support of the source method of water source, and a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) on June 15, 2017, respectively.
On April 29, 2018, around 07:05, the Defendant driven BM6 car under the influence of alcohol level of about 0.208% while under the influence of alcohol level of 0.208% during blood without obtaining a driver's license from the front side of Yacheon-si, Yacheon-si to the Hancheon-si, 163-ro, Hancheon-si, Hancheon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting of a traffic accident (1) and (2) (2)
1. On-site photographs;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Written inquiry about criminal history, etc.;
1. Application of a copy of each text of the summary order;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
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. It is so decided as per Disposition by taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as motive and circumstance of drinking alcohol driving, drinking volume and driving distance, the frequency and degree of punishment for the same crime, Defendant’s age, sexual conduct, environment, etc.