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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
[2] On May 17, 2017, the Defendant issued a summary order of KRW 6 million for a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Suwon Franchising Board, the summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act on April 17, 2014, and the summary order of KRW 1,50,00 for a violation of the Road Traffic Act on April 20, 2012.
[Criminal facts] On October 23, 2017, the Defendant driven BSPCC car at approximately 100 meters away from the front of a mutually influent restaurant that is located in the Suwon-si transfer-dong of Suwon-si to the front of the viewing distance in the Suwon-si transfer-dong of Suwon-si to the front of the viewing distance in the Suwon-si transfer-dong of Suwon-si without obtaining a driver’s license, while under the influence of alcohol concentration of 0.075%.
As a result, the Defendant, even though he had the power of driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle again while driving a motor vehicle without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiries about residents' criminal history and application of Acts and subordinate statutes to investigation reports (verification of the same criminal history as the suspect and previous review of punishment);
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. A comprehensive consideration of favorable circumstances, such as the occurrence of the instant crime and the occurrence of no record of punishment heavier than a fine, even though there was a history of punishment several times due to the same kind of crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.