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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 February 7, 2011, the Defendant received a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act, etc., and KRW 3 million for the same crime in the same court on May 27, 2013.
On May 29, 2016, at around 00:20, the Defendant driven BMW X5 car under the influence of alcohol without obtaining a driver's license from around 300 meters from the front of pentice YY to the front of the branch police station located in the same Dong to the roads in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. The driver's license ledger;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service, etc. in order for a defendant to return to a sound member of society in view of the records,