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A defendant shall be punished by imprisonment for not more than ten 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
On July 13, 2007, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on July 13, 2007, and on June 28, 201, the Defendant was issued a summary order of a fine of four million won for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinju branch.
On February 18, 2017, the Defendant, while under the influence of alcohol of 0.114% among the blood transfusion around 19:20, the Defendant, without a driver’s license, driven the Eland freight at a section of about 500 meters from C before C in Jin-si B to D in front of D.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. On-site photographs;
1. Previous convictions: Application of inquiries about criminal history and investigation reports (limited to the previous convictions and attachment of such judgments);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 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 which is heavier than punishment);
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. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;