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A defendant shall be punished by imprisonment with prison labor for up to 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 August 8, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and on March 7, 2016, at the Jung-gu District Court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving).
On October 11, 2016, around 23:27, the Defendant driven a Bsch Rexton car under the influence of alcohol content of 0.120% while under the influence of alcohol without obtaining a driver's license from around 300 meters from the front side of a frighter in South Korea to the front road of the same floud complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);
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 suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.
In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.
The defendant has already been punished twice due to drinking driving, and the driving of drinking in a non-licensed condition, the blood alcohol concentration is high, and the defendant's age, sex, environment, motive, means and result of the crime.