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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 September 13, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving), a summary order of KRW 1.5 million as a same crime in the same court on December 19, 2008, and a summary order of KRW 5 million as a same crime in the same court on May 24, 2017, respectively.
On June 29, 2017, the Defendant, while under the influence of alcohol 0.153% in blood without a vehicle driver’s license, operated BM5 vehicle from around 300 meters to the front of the Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;
1. Investigation report (Evidence Nos. 5) and report on the situation of driving without licenses;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;