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1. The defendant shall be punished by imprisonment for eight months;
2.However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 10, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Sungnam Support, which was issued a summary order of KRW 4 million for a violation of the Road Traffic Act on October 20, 2010. On February 10, 201, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Sungnam Support, which was issued on February 10, 2014.
On September 23:12, 2015, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.192% without obtaining a driver’s license from approximately 500 meters from the front of the mutual influent drinking house in the general market located in Seongbuk-gu, Sungnam-si to the roads adjacent to the sports complex located in the same Jung-gu, Jungwon-gu.
Summary of Evidence
1. Statement by the defendant in court;
2. Inquiries about the results of regulating driving of drinking and the register of driver's licenses;
3. Previous convictions: Inquiries about criminal history and application of the Acts and subordinate statutes governing summary orders.
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;
2. Article 40 and Article 50 of the Criminal Act for the ordinary concurrences and Selection of Punishments. Article 50 (Selection of Imprisonment)
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. The community service order under Article 62-2 of the Criminal Act;