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A defendant shall be punished by imprisonment for not less than eight 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 June 23, 2017, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court, and on November 29, 2017, the same court issued a summary order of KRW 5 million as a fine for the same crime.
[Criminal facts] On June 14, 2018, the Defendant driven a Cpote car not covered by mandatory insurance at approximately 500 meters away from the front side of the 2nd pharmacy located in the GS convenience shop located in the Northern-gu, Yan-dong at the port of port to the front side of the GS convenience store located in 255, without obtaining a driver’s license at around 03:00 on June 14, 2018, while under the influence of 0.158% alcohol during blood.
As a result, the Defendant violated the prohibition on drinking at least twice, driving a motor vehicle without obtaining a driver's license in the state of drinking, in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol, and inquiry into the results of crackdown on drinking alcohol ( June 14, 2018);
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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 suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration that there is no other record of punishment than the
1. The community service order under Article 62-2 of the Criminal Act;