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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 9, 2016, 2016, the Defendant driven a C Car with C Car without obtaining a driver's license from the section of approximately 5.22 km from around 36 km-ro 260, Simp, Suwon-si, Suwon-si, Suwon-si, to the end of about 85 km-ro.
On June 15, 2011, the Defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act (drinking) at the Suwon Friwon on June 15, 201, and on August 7, 2013 at the same court, the summary order of KRW 6 million was issued for the same crime.
On April 23, 2016, at around 15:08, the Defendant driven a DNA car with alcohol content of 0.058% under the influence of alcohol from around the home flusium near the Suwon-si, Suwon-si to the vicinity of the juvenile training center located in Ansan-si, Ansan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 201)
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration as seen earlier);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;