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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 June 28, 2010, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Support for Incheon District Court (hereinafter “Down”) and a summary order of KRW 2 million as a fine for the same crime in the same court on July 23, 2012.
【Criminal Facts】
On July 5, 2013, at around 23:20, the Defendant driven a B B B B stropian vehicle under the influence of alcohol content of about 0.149% without obtaining a driver’s license from the Do in front of the head office, head office, head office, and head office, and head office, and head office, head office, and head office, and head office, and head office, and head office, and head office, in front of the head office, and in front of the head office, in the same sex dong of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the control of drinking driving;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation reports and accompanying documents;
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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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. In light of the fact that the defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime again within a short period despite having served several times of punishment for the same kind of crime, despite the fact that the defendant had served as the reasons of probation, community service order, or lecture order, and Article 62-2 of the Criminal Act, and that the amount of blood alcohol concentration is high, the criminal liability of the defendant is unlimited, but the defendant is against the defendant, and