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A defendant shall be punished by imprisonment for 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
On January 31, 2013, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on January 31, 2013, and was sentenced to a fine of five million won in the Daegu District Court on July 10, 2013 and was sentenced to a fine of five million won in total for the same crime, etc., three times in total.
On May 2, 2015, at around 22:40, the Defendant driven a BM520 vehicle under the influence of alcohol content of 0.073% without a car driver’s license at a section of approximately 200 meters from the front day of the Pshshnsi-dong, which is in front of the Pshshnsi-dong, to the front day of the JAWnsi-dong in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of primary driving, report on the state of standing and statement of drivers, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (report on confirmation of the same type of force);
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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (it shall be considered that there is no record of punishment exceeding a fine, and there is no accident that has occurred during the crime committed in the judgment, and that there is any other accident that has occurred in the course of the crime, the degree of taking over, driving distance, the age of the wife and two children, economic circumstances, work relations, confession and depth);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;