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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
On September 17, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on September 17, 201, a fine of two million won for the same crime in the same court on April 1, 2011, and a fine of seven million won for the same crime in the same court on March 31, 2014, respectively.
On October 23, 2015, at around 23:50, the Defendant driven a B Track car without a driver’s license from a mutually aesthetic station located near the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the Seo-gu Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island, while under the influence of alcohol content of about 0.078% during blood without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on driving of alcohol, a report on detection of drivers, and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous 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. 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 (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;