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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
[criminal history] On May 19, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Sungnam Support of the Suwon Friwon Friwon, and on June 1, 2016, issued a summary order of KRW 2 million as the same crime.
[Criminal facts] On November 4, 2016, the Defendant driven a body car B in the state of alcohol alcohol concentration of about 0.100% without a driver’s license from around 03:00 to around 118 of the report of the letter located in the same 118 from the vicinity of the Gu in Ansan-si to the front day of the report of the same Gu’s radio wave.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a 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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act - Giving unfavorable circumstances: Three times before driving of the same kind of drinking, and one time before driving without a license, - A favorable circumstance: The defendant recognizes the offense, and has no criminal records of imprisonment without prison labor or heavier;