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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
[criminal history] On December 19, 201, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1.5 million for a violation of road traffic laws at the Seoul Western District Court on April 10, 201, a fine of KRW 4 million for a violation of road traffic laws at the Seoul Western District Court on April 10, 2015, and a fine of KRW 5 million for a violation of road traffic laws at the Seoul Western District Court on February 12, 2016, respectively.
[2] On August 3, 2018, at around 23:20, the Defendant driven CMW MINI car under the influence of alcohol concentration of about 0.104% without obtaining a driver's license from around 61m 60m, Seoul, Yongsan-gu, Yongsan-gu, Seoul, to the front of the shower 61m of the side, and the front of the 27mm 42mn apartment, Hannam-nam, as well as from around 500m, as Hannam-gu, Seoul.
As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle under the influence of alcohol again in violation of the restriction.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
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. Selection of imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act and the record of punishment for drinking alcohol and driving without a license shall be made, but the punishment shall be determined as ordered in consideration of all the circumstances, including the fact that there is no record of punishment for a suspension of execution or higher;