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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 25, 2009, the Defendant has been sentenced to a fine of KRW 2 million for a violation of road traffic law (drinking driving) at the Suwon Friwon on September 25, 2009, and a fine of KRW 3 million for a violation of road traffic law (dacting driving) at the same court on January 4, 2017, respectively.
Criminal facts
On July 31, 2018, the Defendant, without a driver’s license, driven B-low-income motor vehicle at the section of about 1 km from the front of the Do forest apartment complex located in 8-5, Namyang-gu, Namyang-dong, Namyang-dong, Namyang-gu, Namyang-do, in the state of alcohol content 0.118% in alcohol during blood transfusion, to the front road of the 29-3-3, a day, etc. located in the same Eup.
As a result, the defendant, while under the influence of alcohol not less than twice, once again driven a motor vehicle while under the influence of alcohol without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous conviction: Application of an inquiry letter, a copy of a summary order;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The term of imprisonment of six months or more to one year and six months (decision of sentence] as follows, and other conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, motive and circumstance of crime, etc.