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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On September 17, 2014, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Busan District Court on September 17, 2014, and was sentenced to a fine of KRW 5 million in the same court on March 14, 2016, and was sentenced to a fine of KRW 5 million for the same crime at the same court on March 14, 2016.
On October 26, 2016, at around 06:19, the Defendant driven a D-type car under the influence of alcohol content of about 0.151% while under the influence of alcohol without obtaining a driver's license from a section of about 300 meters around the public parking lot near the Seo-gu Busan Metropolitan City, to the roads in front of the hot spring.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A driver's license inquiry;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act (including the fact that a person has not been punished by imprisonment without prison labor or any heavier punishment for the same crime, and the fact that he/she is against the law, etc.);
6. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;