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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 13, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving), and on April 22, 2013, the same court issued a summary order of KRW 4 million as a fine for the same crime.
On December 30, 2015, the Defendant driven B vehicles while under the influence of alcohol with approximately 0.071% alcohol concentration in blood, without obtaining a driver’s license, from the front of the cafeteria referred to as the “downin” restaurant located in the Busan-gun, Sung-gun, Sung-gun, Seongbuk-gun, and the front of the “Japanese pharmacy” located in the same Eup/Myeon, from around 200 meters to the roads located in the same Eup/Myeon.
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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);
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 suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection observation and attendance order, is already subject to three times a fine due to drinking driving, and even though there was a record of being sentenced to a suspended sentence due to the refusal of drinking alcohol measurement and the non-licensed driving, the person who again committed the crime of non-licensed driving of drinking in this case, so the person is selected to be sentenced to imprisonment, but is against the fact that it is against the defendant's age, sexual behavior and environment, etc. In addition, the decision