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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
【Criminal Records of Crimes】 On August 22, 2016, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Cheongju District Court, and KRW 5 million for the same crime at the same court on November 23, 2017.
【Criminal Fact-finding on August 20, 2018, the Defendant driven a BSP car without the driver’s license, while under the influence of alcohol content of about 4km at about 0.056% while under the influence of alcohol content at about 0.056% at the front of the 15 agricultural and fishery product market in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.
As a result, the Defendant violated the provision of “the prohibition of driving under the influence of alcohol” more than twice, and driving a motor vehicle under the influence of alcohol without a driver’s license in violation of the same provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. The driver's license ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation), and application of each summary order 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:
The fact that the nature of the crime is not good such as driving under a license without permission, the fact that there has been two times of punishment due to driving under the influence of alcohol, the confession and reflects that there has been two times of punishment due to driving under the influence of alcohol, the fact that there has been no history of punishment more than a suspended sentence, and the amount of alcohol concentration in blood