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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 May 13, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on the same day, and on October 22, 2015, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court's Dong Branch branch, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act.
Although the Defendant had been sentenced two or more times due to drinking driving, on July 1, 2017, at around 06:13, the Defendant driven a Chump vehicle under the influence of alcohol level of about 0.17% while under the influence of alcohol level of about 20 km from the front of the dwelling of the Defendant in Busan Shipping Daegu, Busan, through the Busan National University Hospital, through the Yangsan National University Hospital, to the front of the Han-dong IC, which is located in the Busan National University Hospital in Busan National Transport Daegu, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating the driving of alcohol, the statement of the situation of the driver who takes the driving, investigation report (report on the situation of the driver who takes the driving), the report on non-licensed driving, and the ledger of driver's licenses;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the same type of summary order, such as a copy thereof), each summary order, and the application of statutes governing the judgment;
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 (unlicensed Driving)
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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to provide community service is disadvantageous circumstances, such as the driving of drinking without a license, the crime is bad, the defendant has four criminal records for the same kind of crime, and the defendant's driving level has not been somewhat weak.
However, it is difficult for the defendant to recognize the facts charged.