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A defendant shall be punished by imprisonment with prison labor for up to 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 January 21, 2014, the Defendant received a summary order of KRW 4 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and KRW 3 million from the same court on December 8, 2014 to a fine for the same crime, etc.
Although the Defendant had been punished twice or more due to drinking driving, on July 8, 2018, at around 23:25, the Daejeon Lifelong Study Center parking lot located in the Daeungdong-dong in the Daeungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 2.7km-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving of drinking, statement of the situation of the driver of drinking, and inquiry about the results of crackdown on driving of drinking;
1. The driver's license ledger;
1. Making teas;
1. Application of Acts and subordinate statutes to each investigation report and inquiry report;
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. Article 40 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 suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is three times, but the driving of drinking alcohol is repeated despite the fact that the person has been punished due to drinking alcohol and driving without a license, and when considering the high drinking level, the defendant should be punished strictly. However, the fact that the mistake is recognized and contradictory, and other sentencing conditions shown in the records, such as the defendant's age, sexual behavior and home environment, shall be determined by taking into account all the sentencing conditions shown in the records