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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
The Defendant was sentenced to a fine of two million won on April 30, 2010 by the Seoul Central District Court for a crime of violating the Road Traffic Act (driving in Drinking), and was sentenced to a fine of one million won on March 23, 2017 in the support for the development of the Suwon Friwon, which was sentenced to a fine of one million won on the same crime.
[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on two occasions, Defendant 2 driven a Cracing vehicle owned by the Defendant under the influence of alcohol concentration of 0.137% from the 500-meter section from the 07:00 on April 2, 2017 to the 69-day road at the same time.
On May 31, 2017, the Defendant driven Crash Motor Vehicle without obtaining a driver’s license in the section of approximately 1 km from the front of the Indial Self-Governing Party located in 466, as the Goyang-si in Ansan-si around 18:05, to the front of the real estate, which is located in about 23 minutes from the roads of the Indial Self-Governing Party in the 4666, as the Goyang-si-si, Seoul.
Summary of Evidence
1. The defendant's oral statement "2017 Highest 2538";
1. Report on the circumstances of driving under the liquor:
1. Previous convictions: References to inquiries, such as criminal history, and summary order "2017 Highest 4556";
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a non-licensed driving) and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act was two times, but the driving of drinking again was conducted, and it was found that the driving of drinking without a license is not well-founded even though the court is under trial due to drinking driving.