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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
On November 1, 201, the Defendant issued a summary order of KRW 2,00,000,000 as a fine for a violation of Road Traffic Act (driving) at the Seoul Northern District Court on November 28, 201, and KRW 1,50,000 as a fine at the Seoul Southern District Court on November 28, 201, and KRW 5,00,000 as a fine at the Seoul Southern District Court on July 21, 201.
On August 6, 2017, the Defendant driven an Esch Rex GS250 vehicle at a section of about 1km from the vicinity of hot spring shooting distance in Busan Metropolitan City to the direction of the route in the same Gu, while under the influence of alcohol of 0.066% with no driver's license on August 6, 2017.
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 convictions: Inquiries about criminal history, reporting the previous convictions and reporting the results of the previous convictions, and applying three copies of statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;