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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On May 22, 2014, the Defendant issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000 won by the Daegu District Court as a crime of violation of the Road Traffic Act, at the Seo-gu District Court’s Branch Branch of the Daegu District Court, for a fine for violation of the Road Traffic Act.
【Criminal Facts】 On November 16, 2014, at around 13:50, the Defendant driven B rocketing car under the influence of alcohol content of about 0.139% without obtaining a driver’s license at a section of about 200 meters in front of a restaurant for fireworks and pigs located in the same Dong, on the front of the restaurant where the trade name in the 5-gu Seo-gu Scattering cannot be known.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Traffic accident occurrence reports, reports on detection of drivers, circumstantial statements of drivers and reports on automobile driving licenses;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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 imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order was sentenced to a fine of two times only for drinking driving, and that the crime of this case was discovered due to drinking traffic accidents caused by the defendant, it is necessary to strictly punish the defendant. However, there is no record that the defendant has been punished for a fine exceeding the fine, and the defendant should not repeat again, such as the confession of all of the crimes of this case and the scrapping of the defendant's motor vehicle.