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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 January 23, 2009, the Defendant was notified of a summary order of a fine of two million won or more due to a violation of road traffic law (drinking driving) in the leisure support of a water source method source, and on August 28, 2015, the Defendant was notified of a summary order of a fine of two million won or more for the same crime in the same court on August 28, 2015.
On December 11, 2015, the Defendant, without a driver’s license, driven a two-wheeled vehicle at approximately 3 km Qudier 160 wheeler from the road located in Gyeonggi-si B in Gyeonggi-si with a alcohol concentration of 0.194% in alcohol during blood without a driver’s license, to the front road of the furniture complex located in this brigade.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);
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. 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. An order to attend a course under Article 62-2 of the Criminal Act;