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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
[criminal history] The Defendant was issued a summary order of KRW 1 million in the Suwon District Court’s Gyeyang Branch on June 18, 2014 for a crime of violating the Road Traffic Act (dacting driving), and a summary order of KRW 2 million in the same court as the same crime on October 14, 2016 was issued in the same court.
[2] On March 8, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on March 8, 2018, driven a motor vehicle with low alcohol level of about 1.5 km at the section of approximately 1.5 km from the roads adjacent to the Yong-ho Road located in Sinpo-si in Sinpo-si to the roads adjacent to the same Sinpo-dong, while under the influence of alcohol level of 0.097%.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (formers and reports);
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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;