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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
[criminal history] On July 23, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws (drinking) at the District Court of the Jung-gu District Court on July 23, 2007, and was sentenced to a fine of 7 million won for the same crime in the same court on December 6, 2016.
[The facts of the crime] On December 30, 2016, the Defendant driven a cargo vehicle C Coin without a vehicle driver’s license while under the influence of alcohol content of about 12 km at approximately 0.118% from the so-called Maart Aro parking lot located in 168, an Eup-do, an Eup-ro, an Eup-do-ro, an Eup-do-ro, an Eup-do-ro, 168, to the front road at the center of the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);
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. The community service order under Article 62-2 of the Criminal Act;