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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
[criminal power] On December 22, 2011, the Defendant received a summary order of KRW 2.5 million from the Jung-gu District Court on the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act. On October 10, 2013, the same court issued a summary order of KRW 2 million as a fine for the violation of the Road Traffic Act (driving). On February 11, 2014, the same court issued a summary order of KRW 7 million as a fine for the violation of the Road Traffic Act.
【Criminal Facts】
On February 23, 2016, around 23:20 on 23:20, the Defendant driven a vehicle without obtaining a driver’s license in the state of alcohol concentration of approximately 600 meters from a distance of about 0.116% from the 400m radius to the entrance road of the So-called So-to-Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, family relationship, means and results of the crime, which are favorable to the fact that the defendant's history of punishment for drinking or non-licensed driving is four times: the defendant recognized the crime of this case and reflects depth; the distance of operation of this case is relatively short; there is no history of punishment exceeding the fine; the symptoms of dementia of friendly money resulted in the driving of this case in an urgent mind; the husband was separated from her husband; the defendant is responsible for living while supporting friendly money, prone money and children; and the defendant's age, character and behavior, family relationship, means and results of the crime.