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A defendant shall be punished by imprisonment for not less than eight 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 April 15, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and a summary order of KRW 7 million for the same crime at the same court on June 21, 2013, respectively.
1. On October 11, 2016, the Defendant driven a C Poter truck without a valid license for driving a motor vehicle in approximately 2 km section from the vicinity of the franchisium located in the franchisium in the franchisium in the franchisium of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do on October 11, 2016 to the vicinity of the head office located in the same voice group in the flusium of the same voice group.
2. On October 24, 2016, the Defendant driven C Poter truck under the influence of alcohol concentration of about 0.18% without a driver’s license, while under the influence of alcohol level of about 10 meters at about 0.18%, from the vicinity of “National P&P Spot” to the same large-face gate, around 18:18 on October 24, 2016, the Defendant driven C Poter truck under the influence of alcohol level of about 0.18% without a driver’s license.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and driven a motor vehicle while under the influence of alcohol without a driver's license again valid.
Summary of Evidence
[2016 Highest 786]
1. Statement by the defendant in court;
1. The driver's license ledger (2016 Height 959);
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. The records of each on-site photograph, black stuff CD [formers in the judgment] 2016 Godan 959
1. Written inquiry about criminal history, etc.;
1. Application of a copy of the summary order of investigation report (the report on the same criminal suspect's records and the fact-finding during trial);
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;
1.Article 40 of the Criminal Code of Trade and Trade.