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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 20, 2012, the Defendant received a summary order of KRW 6 million from the Cheongju District Court as a fine of KRW 2 million due to a violation of the Road Traffic Act (driving). On October 25, 2012, a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 6 million by the same court on January 22, 2015, respectively.
On May 20, 2016, at around 02:40, the Defendant driven a B-lock vehicle under the influence of alcohol concentration of about 0.117% without obtaining a driver’s license from the front side of the Cheongju District Prosecutors’ Office adjacent to the Cheongju District Prosecutors’ Office located in Seo-gu, Seo-gu, Seo-gu to the front side of the “A-linju Oil Station” located in No. 2005-ro 2, 2005-ro, Cheongnam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' statement, driver's license register, and inquiry into tea;
1. Previous for judgment: Application of criminal records, etc. and investigation reports (the same kind of drinking before drinking and filing of written summary orders) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime, under Article 62-2 of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as stated in the records:
- Unlicensed or drunk driving has been subject to punishment due to drunk driving.
- drinking water is relatively high.
The favorable circumstances - the mistake has been divided in depth.
- There shall be no previous convictions of four times of fine or more of suspension of execution.