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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 July 15, 2014, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1.5 million, and on December 12, 2014 to a violation of the Road Traffic Act (dacting driving) from the Incheon District Court to a summary order of KRW 2,00,000 from the Incheon District Court.
On March 11, 2018, at around 23:40, the Defendant driven B radar vehicles under the influence of alcohol content of about 300 meters from the front of the Seo-gu Incheon Seo-gu Incheon Cheonghee High School to the front road of the Dong Dong 1 Dong community service center without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to inquiries, 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)
1. Articles 40 and 50 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant was sentenced to two times a fine on July 2014 and around December 2014; (b) the Defendant’s respective crimes of this case are against each other; (c) the Defendant’s blood alcohol concentration in the Defendant’s blood is 0.080% at the time of committing each of the instant crimes; (d) the driving distance and the Defendant’s age, sex and environment; (e) the motive and background of each of the instant crimes; (e) the motive and method and method of each of the instant crimes; and (e) the circumstances after committing each of the instant crimes, etc., the sentence as ordered is determined by comprehensively taking account of the following factors: