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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
[criminal history] On June 24, 2012, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving), and a fine of 5 million won as a crime of violating the Road Traffic Act (drinking driving) by the same court on May 7, 2015.
[2] On April 8, 2017, the Defendant driven a car with C low-speed without a driver’s license in the state of alcohol alcohol concentration of about 0.065% from the front road of MIG apartment at 158 m., the 158 m., the Southern-si, the Southern-si, the Southern-si, the Southern-si, the Southern-si, the Chungcheongnam-do, to the front road of the MIG apartment at about 200m. to the 67 m. at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Articles 53 and 55(1)3 of the Criminal Act (including the fact that the alcohol content in blood is not relatively high by 0.065 percent, the distance of driving under drinking and not-licensed, the fact that the distance of driving under drinking and not-licensed is about 200 meters, reflects the fact that the person is in the same kind of criminal record, but has no criminal record exceeding the fine, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Three times before and after the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That it is not relatively high by 0.065 percent of alcohol during blood, the distance of driving alcohol and without obtaining a license is about 200 meters, and reflects the fact that the distance of driving alcohol and without a license is about 200 meters, and there is no previous conviction exceeding the fine, in comprehensive consideration; and