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A defendant shall be punished by imprisonment for not less than eight 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 June 20, 2017, at around 17:50, the Defendant driven a motor vehicle of approximately 3.5 km owned by the Defendant from the 119 km-ro at the same city from the 1stm-dong 1 North west-dong 1, Jeju Island, to the roads located in the same city, while under the influence of alcohol content of 0.182% of alcohol during blood without a motor vehicle license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the school and taking into account all the various conditions of sentencing specified in the instant argument, and in particular, the following circumstances should be taken into account: The defendant committed the instant crime even though he/she was punished five times on May 16, 2017 by having been sentenced to a summary order of a fine of KRW 2 million for a violation of Road Traffic Act (unlicensed Driving) at the Jeju District Court on May 16, 2017, as well as by having been sentenced to a punishment of KRW 2 million for a violation of Road Traffic Act (unlicensed Driving). There was no fact that he/she obtained a driver's license,