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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 May 10, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and KRW 4 million as a fine at the Seoul Southern District Court on May 23, 2016.
On May 10, 2017, around 07:20, the Defendant driven a B B B B B B B B B B-L car under the influence of alcohol concentration of 0.097% without obtaining a driver’s license from the roads near subway 2 lines of subway line 340, the Hague-ro, Gangnam-gu, Seoul, to the roads 131:5km in the same Gu.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (report attaching summary written orders and reports) Acts and subordinate statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (including the facts that seem to be contradictory to others) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing reasons are considered);
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;