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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 6, 2015, the Defendant was sentenced to a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act (drinking driving), and on March 8, 2016, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court for a violation of the Road Traffic Act (drinking driving).
The Defendant, as above, has violated Article 44(1) of the Road Traffic Act more than twice, was driving a vehicle with C Aburpted without a driver’s license while under the influence of approximately 100 meters alcohol level from the front of a restaurant in which the trade name in Kimhae-dong is unknown at around 05:20 on May 13, 2016 to the front of the 1st apartment of the 100-meter-type city.
Summary of Evidence
The application of the Act and subordinate statutes to an investigation report (report attached to the records of punishment for drinking driving) by a defendant's legal statement on the statement of the driver's statement by the defendant, such as criminal history.
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)
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (including the fact that there is no criminal conviction or heavier than a suspended sentence, and that there is a penance, etc.);
5. Article 62 (1) of the Criminal Act on the suspension of execution.
6. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;