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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
1. Around 08:20 on July 19, 2015, the Defendant driven a vehicle with approximately KRW 1.5 km from the front day of the Gangseo-gu Seoul Northern-dong 443-100 Sick chill road to the front day of the 3rd 247-ro chill road in the same Gu, which is a 1.5 km to the front day of the 247-lane road.
2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.144% in blood at the time, at the place under the preceding paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents, reports on actual condition investigation, and photographs;
1. A report on detection of drivers of alcoholic beverages and a report on measurement of drinking alcohol;
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. For the reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on the Observation, etc. of Protection, etc., the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, shall be imposed in full view of the sentence as ordered.
[Unfavorable Circumstances] Although there were two times (2006, 2014) and two times (2008, 2014) due to driving without a license, the drinking and non-licensed driving in this case led to the act of drinking and non-licensed driving in this case, the blood alcohol concentration is high, and the person was punished as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the suspension of the execution of imprisonment) in 2013 (the favorable circumstances) (the suspension of the execution of imprisonment is favorable) by driving under the influence of alcohol, and the person who disposes of the vehicle and does not repeat the vehicle.
such an action.