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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] On October 21, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on September 15, 201, issued a summary order of KRW 7 million for the same crime at the Incheon District Court.
[2] On April 29, 2016, the Defendant driven a DNA car under the influence of alcohol leveling 0.174% from the 1 Km section of blood alcohol leveling from the 1 Km section of approximately 1 Km to the 1785-4, Sinsi-dong, Sinsi-dong, Dondo, which was located in Sinsi-dong, Sinsi-si, Sinsi-si, Sinsi-dong, without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driving driver, and an inquiry letter of driver's license;
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the records of the same kind of crime committed by the suspect);
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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;