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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 August 30, 2011, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving on July 31, 201) at the Incheon District Court (the crime of July 31, 201), and on March 23, 2018, the Seoul Southern District Court was punished by a fine of KRW 3 million for the same crime (the crime of February 19, 2018), and is under trial two times or more.
[2] On May 28, 2018, at around 19:10, the Defendant driven a body car under the influence of alcohol level 0.068% while under the influence of alcohol level 0.068%, without obtaining a driver’s license from approximately 70 meters in approximately 403 meters away from the front of the Mouldong, Busan Bupyeong-gu, Incheon, to the front of the 403-ro 103rd road.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions: Inquiries about criminal history, reporting on the results of previous convictions and reporting on investigation (Attachment to the same criminal suspect's judgment, etc.);
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. Consideration under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective points, the degree of alcohol concentration in the blood, the degree of alcohol dependence, and the circumstances in which the person undergoes medical treatment for alcohol dependence, etc.);
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;