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A defendant shall be punished by imprisonment for six 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
【The Defendant received a summary order of KRW 700,000,000 from the Daejeon District Court on August 12, 2008 to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on December 7, 201, and a summary order of KRW 3 million from the Suwon District Court on September 4, 2012 to a crime of violating the Road Traffic Act (drinking driving), respectively.
【Defendant Inasmuch as the foregoing had a history of driving under the influence of alcohol twice again, Defendant 1 driven a Cobserver car under the influence of alcohol with approximately 0.134% alcohol concentration in the blood without obtaining a driver’s license from around 30 meters from the day on which the trade name in the sports Pyeongtaek-si joint-dong around August 4, 2015, to the day on which the same route is located in the same Dong from August 4, 2015.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;