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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
On May 16, 201, the Defendant was issued a summary order of KRW 5 million by the Ulsan District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 5 million by the same court on June 10, 2015.
On July 2, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, driven a mati vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.167% in blood without a driver’s license, from the front of a cafeteria located in the Southern-gu, Ulsan-gu, Ulsan-gu, Seoul-do to the lower part of the prosperity in the same new-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. A criminal investigation report;
1. Application of Acts and subordinate statutes to inquire about criminal history;
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 (Options of imprisonment);
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 (see, e.g., Article 62 (1) of the Criminal Act;
1. An order to attend a course under Article 62-2 of the Criminal Act;