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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 13, 2016, the Defendant received the summary order of KRW 1 million as a fine for a violation of road traffic law (unlicensed driving) from the first branch of the Chuncheon District Court, and the summary order of KRW 2 million as a fine for the same crime in the same court on February 2, 2017.
On May 31, 2017, the Defendant driven B K7 cars under the influence of alcohol level of about 0.062% while under the influence of alcohol level of at least 0.062%, without obtaining a driver’s license, from the front of the stalking screen golf course located on the 4nd day of the Man-si Park at Man-si, Sin-si, Sin-si, 22:10 on the same day to the front road of the Gangwon-do Education Center at approximately 500 meters in front of the Gangwon-do, Sin-si, Sin-si, 337 in the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to the ledger of driver's licenses, notification of the results of crackdown on drinking driving, and the circumstantial statement report of drivers;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing condition of Article 62-2 of the Criminal Act, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, etc., shall be determined by taking into account the following factors: (a) the defendant had the same criminal record in sentencing; (b) the degree of alcohol content in blood at the time of the instant case is not relatively high; and (c) the defendant's age, sex, environment, circumstances