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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 driving a motor vehicle under the influence of alcohol on December 16, 2007 (the issuance of a summary order of a fine of KRW 2.5 million at the Suwon Friwon on March 28, 2008), driving a motor vehicle under the influence of alcohol on May 12, 2018 (the issuance of a summary order of KRW 4 million at the Suwon Friwon Friwon on July 18, 2018), and violating Article 44(1) of the Road Traffic Act on two or more occasions.
On August 26, 2018, the Defendant driven a C QM6 vehicle in a manner that 0.142% alcohol content in the blood while under the influence of alcohol on August 26, 2018 without obtaining a driver’s license for a motor vehicle, thereby driving the C QM6 motor vehicle at the entrance of the parking lot in the 2nd sports park in the 1211 South-Namnam Eup in the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual condition and an accident scene photograph;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (in addition to a copy of a summary order of the same kind of force of the suspect);
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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have a history of driving alcohol more than twice, and the defendant, whose driver's license was revoked on July 7, 2018 due to drinking driving, not only is the crime’s quality, but also the amount of alcohol concentration in blood due to drinking of this case’s crime was low, but also the defendant caused a contact accident involving the vehicle in the aftermath of drinking of this case. In light of the fact that the defendant not only caused the contact accident involving the vehicle in the aftermath of drinking of this case, driving of this case is deemed to have a large risk.
On May 2018, the defendant was present, and around May 201.