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A defendant shall be punished by imprisonment for not more than ten 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
On November 23, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on January 14, 2014, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the Seoul Western District Court. On June 24, 2015, the Defendant was issued a summary order of KRW 7 million for the same crime.
On April 13, 2016, the Defendant driven BFD car at a section of about 10km from the front of the Koul Digital Complex in Geumcheon-gu, Geumcheon-gu, Seoul, to the front of 85 lanes at Ansan-si Cyan-si, Goyang-si, Goyang-si, Goyang-si, without a driver's license, at around 08:5, the alcohol level of the blood during the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the main situation and report on the main entry into the military register;
1. A driver's license inquiry;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
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;
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. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions, such as the age, sex, family relation, family environment, motive and means of the crime, and the circumstances following the crime, shall be determined as ordered by taking into account the following circumstances:
A disadvantageous condition: A favorable condition that the Defendant committed the instant crime without being aware of the fact that he/she was punished by a fine on three occasions due to a violation of the Road Traffic Act: The confession of the instant crime; the Defendant has no record of punishment heavier than the fine;