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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
Criminal facts
On March 4, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on March 4, 2009, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on May 8, 2016.
On October 18, 2016, the Defendant driven CM7 car under the influence of alcohol content of 0.085% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the 1119 Safety Center, which was located on the side of the CM7 car, in the direction of the 119 Safety Center, which was located on the side of the CY-si, Changwon-si, Changwon-si. 21:00 to the road in the same side.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating the driving of alcohol, the statement of the circumstances of the driver of the vehicle, the report on the situation of the driver of the vehicle and the register of driver's licenses;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of an alternative imprisonment with prison labor (in addition to drinking driving, consideration of the fact that the person has driven without a license, alcohol concentration in the blood, and other punishment records of the accused);
1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small amount (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;