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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] The Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the support for the development of the Sugwon method in July 5, 2017, and KRW 1.5 million as a fine for the same crime in the support for the development of the Sugwon method, and on June 24, 2014, respectively.
[Criminal facts] On August 12, 2017, the Defendant driven B racing car under the influence of alcohol level of about 0.119% without a driver’s license on a section of about 3km from the Hanyang-dong, Goyang-dong, Goyang-dong to the front road of the Dong Ggdong community service center at around 01:49 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at home;
1. Notification of the results of regulating drinking driving;
1. License register;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (referring to reporting on the same kind of past record);
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;