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A defendant shall be punished by imprisonment for not less than eight 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 September 13, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on September 13, 2012, and was sentenced to a fine of KRW 4 million for the same crime from the Gunsan Branch of the Jeonju District Court on July 20, 2016.
On March 27, 2017, the Defendant, without a driver’s license of a motor vehicle, driven B knife vehicle at approximately 100 meters from the front road of the Hawon House in Kim Jong-si, Kim Jong-si, to the road in the village of Kim Jong-si, Kim Jong-si, while under the influence of alcohol of 0.071% of alcohol during blood without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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. Taking into account the following circumstances, such as the defendant's age and occupation, living environment, and alcohol concentration and driving distance at the time of crackdown, even though the defendant had been punished by a fine due to the drinking of alcohol on several occasions, even though he/she had the reason for sentencing under Article 62-2 of the Criminal Act, and the defendant's drinking without a license even though he/she had been punished by a fine due to the drinking