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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2015, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 16, 2015, and the same court on September 26, 2017 issued a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving).
Criminal facts
The Defendant, without obtaining a driver’s license on September 26, 2018, driven a car under the influence of alcohol concentration of about 0.163% from the third permanent residence of the Republic of Korea 222-2 to the same city Man-ro 27 Man-ro Man-ro 20 meters from the third permanent residence of the Republic of Korea on September 26, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol 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. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant: (a) was a person before and after drinking alcohol, and two times before and after driving without obtaining a license; (b) in the case of this case, the reason for considering the circumstances leading up to the crime that the defendant was driven in about 20 meters section for moving parking after being driven by an acting driver; (c) driving distance is short distance; (d) the remainder of the previous conviction except one time among the person driving under the influence of alcohol of the defendant is a long-term criminal record before 203; (d) there is no same criminal record exceeding the fine; and