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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] The Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking on May 26, 2008, and 6 million for the same crime from the Suwon Frigwon on July 23, 2014.
[2] On April 8, 2018, the Defendant, without obtaining a driver’s license, driven a B-learning car under the influence of alcohol concentration of 0.098% in 5km from the roads where it is impossible to know about the b3:17 on April 8, 2018 and where it is impossible to find out the balking grassland of the Dong-gu, Ansan-si, Ansan-si (hereinafter referred to as the “Masan-si”).
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Copy of the license ledger;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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 suspension of execution (see, e.g., the confession and reflect of the defendant, and the absence of criminal records exceeding the fine);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;