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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
On February 1, 2008, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on February 1, 2008, and issued a summary order of KRW 1.5 million for the same crime in the same court on October 31, 2008, and on September 19, 2014, the Defendant received a summary order of KRW 6 million for the same crime at the same court on September 19, 2014, and was sentenced to a fine of KRW 4 times for a violation of the Road Traffic Act (driving without a license) and seven times for a violation of the Road Traffic Act (driving without a license).
On June 14, 2015, at around 18:30, the Defendant driven an E non-motor vehicle while under the influence of alcohol with approximately 0.136% alcohol concentration without obtaining a driver's license from the front side of the Defendant's house located in Crossing-gun C to D front roads.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. A driver's license inquiry;
1. Criminal records as stated in the judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, such as the previous one, and reporting of attachment of judgment) 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 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 of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is that the Defendant once was sentenced to four times due to drinking driving, and seven times due to driving without a license, and as such, since he once again conducted drinking and driving without a license, the corresponding punishment is inevitable.
However, the defendant reflects the wrongness of the defendant.
Such circumstances and the defendant's age, occupation, character and conduct, and circumstances after committing the crime.