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A defendant shall be punished by imprisonment for not more than ten 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
[criminal history] On May 18, 2007, the Defendant was sentenced to a summary order of a fine of 4 million won due to a violation of road traffic law (driving), etc. by the Daegu District Court, and on April 30, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months and a suspended sentence of one year.
[2] On April 25, 2017, the Defendant driven a B non-stop vehicle under the influence of alcohol level of 0.170% in blood alcohol level without obtaining a driver’s license from approximately 15 km section from the front of the parking lot of the Young church located in the territory of the Si/Gu, Jeju, to the elderly dry field intersection located in the Si, Jeju.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the same kind 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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the blood alcohol concentration was high at the time of the instant case, and the Defendant had been punished four times, including the previous convictions indicated in the judgment due to drinking driving or driving without a license.
In addition, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as per the order after considering all the circumstances.