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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 August 25, 2016, the Defendant issued a summary order of KRW 5 million to the Incheon District Court on August 25, 2016, as well as a summary order of KRW 2 million on August 19, 2016 by the same court as the same crime.
【Criminal Facts】
At around 22:50 on August 2, 2016, the Defendant driven a B Sti-type car under the influence of alcohol level of about 200 meters from the section of approximately 200 meters to the front road of LH apartment located in the number of Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the same number of Bupyeong-gu, 120-ro 57.
On September 17, 2016, the Defendant driven a B SP motor vehicle at a section of about 3km to 69 meters on the road, from an infinite-si, Seocheon-gu, Seocheon-si without obtaining a driver's license on September 17, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, and the register of driver's licenses (No. 5 No. 2016, Dec. 6, 2016);
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr.
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;