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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 8, 2010, the Defendant received a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on March 16, 2017, the same court received a summary order of KRW 8 million due to the same crime, and on March 16, 2017, there are several criminal records of a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drinking driving).
As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a Brocketing car under the influence of alcohol content of 0.156%, without a driver’s license, from a road near the sloping-gun, Jincheon-gun, Jincheon-gun on April 20, 201 to a road near the sloping-gun, Jincheon-gun, Jincheon-gun, to a new road via the same salwing-do, and without 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. Notice of completion of correction;
1. The driver's license ledger;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same case), five copies of a summary order, investigation report (Attachment to part of records of the latest same kind of case) and Acts and subordinate statutes;
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 elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the provision of protection and observation, the order to attend a lecture, or the order to attend a community service order: The record of having been sentenced to a fine of five times or more due to the crime of drinking or non-licenseing, the crime of refusing to measure drinking, etc., and the summary order has not been finalized due to a fine of eight million won due to driving under the influence of alcohol or without a license, and the repeated driving of drinking or non-licenseing for twenty days, etc. do not seem to be good. The sentencing factors favorable to o are recognized.