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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 April 28, 2016, the Defendant was punished twice due to drinking driving, by issuing a summary order of a fine of KRW 2 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the source of the method of water source on April 28, 2016, and by receiving a summary order of KRW 1 million on January 26, 2015 as the same crime in the support of water source(drawing method).
On May 3, 2017, the Defendant driven BM5 car under the influence of alcohol concentration of 0.125% without obtaining a driver’s license from May 3, 2017 to the roads front of the GS convenience store located in the same 2km away from the knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);
1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.
[The favorable circumstances] The defendant acknowledged his mistake while leading to the confession of each of the crimes of this case, the defendant did not cause other damage, such as traffic accidents, and the defendant did not have any record of punishment exceeding the fine.