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A defendant shall be punished by imprisonment with prison labor for up to 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 April 23, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act, and KRW 4 million as a fine for violation of the Road Traffic Act, from the Daejeon District Court's astronomical Branch on March 23, 2018, from the Daejeon District Court's astronomical Branch on March 23, 2018.
On March 2, 2019, at around 10:40, the Defendant driven C 125CC under the influence of alcohol content 0.168%, without a motorcycle driver’s license, a section of approximately 1.5 km from the negative ginseng distance from the negative ginseng at Asan-si to the front day of B of Asan-si at Asan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);
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 2 of Article 154 and Article 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times for the violation of the Road Traffic Act, and the punishment is determined as ordered in consideration of the drinking of this case, the unauthorized Driving of this case, the fact that the blood alcohol concentration of this case is considerably high, and the defendant is against the law, etc.