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1. The punishment of the defendant shall be determined by six months;
2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On July 18, 2014, the Defendant issued a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 1,00,000 as a violation of the Road Traffic Act (unlicensed Driving) and a fine of KRW 4,00,000 as a violation of the Road Traffic Act (driving on May 1, 2013), and a fine of KRW 3 million as a violation of the Road Traffic Act (driving on February 8, 2007).
On March 16, 2016, the Defendant was a person with two or more times of drinking driving skills. On March 16, 2016, the Defendant was under the influence of alcohol 0.190% of alcohol level without obtaining a driver’s license, and was driving a vehicle of approximately five km from the front of the Jin-si to the road near the same sloping.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of state of drivers, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (no record of punishment exceeding a fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);