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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
On February 1, 2013, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Seoul Central District Court on February 1, 2013, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (dacting driving) in the support of the Suwon Flag Flag method, on January 14, 2015.
Although the Defendant had been punished twice due to drinking, on May 19, 2017, at around 12:45, the Defendant driven Dworke car with alcohol concentration of about 0.094% while under the influence of alcohol without obtaining a driver’s license from around the 92 king-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, to the 145 front road, as Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, to the 1km-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver with the main driver, respiratory measurement results, and the driver's license register;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime without being aware of the fact that the Defendant had been punished once due to the refusal of alcohol measurement of the past, twice due to drinking alcohol driving, after-accidents, and one-time fines due to unlicensed driving. Considering the fact that the amount of alcohol concentration in blood during the instant crime is relatively high at the time of the instant crime, the punishment shall be determined by taking account of favorable circumstances, such as the fact that the Defendant recognized the instant criminal facts and against the mistake, etc.