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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 17, 2014, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Ulsan District Court on September 17, 2014, and on November 7, 2014, in addition to the issuance of a summary order of a fine of five million won by the same court as the same crime, the same power is more than once.
【Criminal Facts】
around 01:25 October 2, 2015, the Defendant, as a person with at least twice the power of violating the Road Traffic Act, driven a Bwork-free freight vehicle under the influence of alcohol level of about 0.153% without obtaining a driver's license from the Do in front of the Mapo-gu, Busan, to the road in front of the Yellow-gu, Nam-gu, Seoul, Seoul, for about 100 meters of alcohol level, without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Registers of driver's licenses;
1. Previouss before and after judgments: Criminal records, inquiry reports, one copy of judgment, and application of Acts and subordinate statutes of two copies of summary orders;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment with prison labor (to take account of repeated crimes committed during the short term);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there exists no record of punishment heavier than suspension of qualification due to the crime of the same kind, the confession and the appearance of misunderstandings, the family relationship, etc. of the defendant);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Order to attend lectures under Article 62-2 of the Criminal Act;