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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 7, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on February 7, 2007, and on December 7, 2017, the same court issued a summary order of KRW 1.5 million for the same crime and received a summary order of KRW 1.5 million for the same crime at least twice as a crime of violating the Road Traffic Act (drinking driving).
On July 8, 2018, the Defendant driven a Bben E220 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of around 0.066% from the 200m section around the Yan-dong, Seo-gu, Incheon, Seo-gu to the front road of the Maan-dong located in the same Dong without obtaining a driver's license for a motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking and the driver's license register;
1. Application of an inquiry letter, such as criminal history, and a report on investigation (the previous report on confirmation of the history thereof) statute;
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, the choice of imprisonment, and the choice of punishment;
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(1) of the Criminal Act include: (a) the Defendant again committed the instant crime even though he/she was punished for drinking or non-license; but (b) the Defendant has no record of committing a crime exceeding the fine.