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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 20, 2006, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (drinking driving) at the Jinwon District Court's Jinwon Branch's Jinju branch on October 20, and on November 14, 2016, issued a summary order of KRW 4 million as a fine for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinwon Branch's Jin branch
On June 30, 2017, at around 10:10, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.141% while under the influence of alcohol without obtaining a driver’s license from a section of about 3km from the front side of the treatment village, which is located in the grale of Saero, Jin-si, Jin-si, Jinju to the front side of the same gral road.
As a result, the defendant has already been punished for driving under drinking more than twice, but again he/she has been driving under drinking and driving without license.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. The automobile license ledger;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);
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 suspended execution;
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;