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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 26, 201, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a crime of violating the Road Traffic Act at the Daejeon District Court on September 26, 201, and on November 6, 201, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime.
On March 1, 2016, the Defendant driven a motor vehicle with 10km from the section of about 10km to the road near the influent restaurant in the Dong-dong, Daejeon-gu, Daejeon-gu, with a alcohol level of 0.082% under the influence of alcohol without obtaining a driver's license on March 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving under drinking, and entries in the register of driver's licenses;
1. Application of Acts and subordinate statutes stating the judgment;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Such factors as reflection of the reason for sentencing under Article 62(1) of the Criminal Act, concentration of alcohol in blood, and fines twice for the same kind of crime shall be considered.