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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 Force of Crimes】 On November 10, 2014, the Defendant was issued a fine of KRW 500,000,000,000 to a violation of road traffic laws (drinking) at the Goyang Branch of the Jung-gu District Court on the ground of the violation of road traffic laws, and a fine of KRW 3 million to a violation of road traffic laws (drinking) at the Jung-gu District Court on May 4, 2015, respectively.
【Criminal facts” around October 28, 2017, around 05:45, the Defendant driven a BS-type car under the influence of alcohol level of 0.192% in the 20km section of the blood alcohol level at approximately 0.192% in front of the hotel to be taken into account at approximately 66 km-si, Seocheon-si, Yeonsu-gu, Incheon.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice and drives a motor vehicle again while under the influence of alcohol, was indicted by the prosecutor to the effect that the Defendant driven a motor vehicle without a driver’s license. However, according to the law applicable to the instant indictment, the name of the case, and records, etc., the Defendant appears to have held a temporary driver’s license at the time, and the prosecutor did not seem to have separately prosecuted a motor vehicle driving without a driver’s license. Therefore, the part of the facts charged, “ without a driver
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;
1. Previous conviction: Application of a written inquiry and an investigation report (to file a summary order with the same criminal records driving a suspect under the same kind of drinking);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 is that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished twice or more due to drinking driving, and that the alcohol concentration in blood is 0.192% high, and that the Defendant’s mistake is against his/her own mistake.