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A defendant shall be punished by imprisonment for not less than eight 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 October 22, 2013, the Defendant received a summary order of KRW 3 million with a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the leisure support of the Suwon Friwon method. On January 2, 2017, the Defendant received a summary order of KRW 2 million with a fine of KRW 2 million for the same crime from the Incheon District Court.
On March 4, 2017, around 04:10, the Defendant driven a B-car under the influence of alcohol content of 0.104% in the blood without a driver’s license from the front of the “gy clubs so” seated in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, to the front of the 3rd city of “in active service” located in Seocho-gu, Gangnam-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report (1) (2) ;
1. Statement of the circumstances of a driver who takes the drinking and record of the measurement of drinking alcohol;
1. A written statement on the occurrence of each traffic accident;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes, such as criminal history;
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. An order to attend a course under Article 62-2 of the Criminal Act;