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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
On June 2, 2006, the defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for a fine for the same crime in the same court on September 11, 2006, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on September 30, 2014, respectively.
On April 2, 2016, the Defendant driven a B-class cargo vehicle with a alcohol level of 0.152% under the influence of alcohol level of the blood while under the influence of alcohol level of 0.152%, without obtaining a driver’s license, from the front side of the Taecheon-si Pungdong, to the southwest-ro, which is in the direction of the net river, from the Do, to the southwest-ro. In the southwest, the Defendant driven a B-III cargo vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry into criminal history, investigation report (Attachment of a summary order with the suspect's previous record) 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;
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. To determine a punishment to prevent recidivism in consideration of the criminal records of the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, and the drinking volume of this case, etc.;