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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 March 23, 2018, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (on the other hand, after-accidents), etc. on March 23, 2018, a fine of KRW 3 million due to a violation of road traffic law (on June 19, 2017), and a fine of KRW 3 million due to a violation of road traffic law (on the other hand, on the other hand, on January 20, 2015) in the Goyang Branch Branch of the Jung-gu District Court.
On July 22, 2018, the Defendant, without obtaining a driver’s license at around 04:19, driven a B K5 vehicle from the 1km section between the 47-1 road in Mapo-gu Seoul Mapo-ro, Seoul, to the 3rd road in the same way as the 1km-ro of the same Gu, while under the influence of alcohol by 0.105% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and summary order, three copies of the Act and subordinate statutes;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that no person has been punished heavier than the fine due to the same kind of crime, the fact that he/she appears not to repeat the crime, such as having received alcohol treatment, and that he/she is committing a crime that is disadvantageous to the fact that he/she has repeatedly committed a crime related to driving of motor vehicles for a short period: The defendant's age, sex behavior, family relationship, circumstances before and after the crime, etc., and all of the sentencing conditions indicated in the theory of changes, such as the records