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A defendant shall be punished by imprisonment for six 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 December 8, 2009, the Defendant issued a summary order of KRW 2,000,000 for the crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon branch on December 8, 2009, and on March 28, 2014, the Defendant issued a summary order of KRW 3,00,000 for the crime of violating the Road Traffic Act (drinking driving) on three occasions.
Although the Defendant had had a alcohol driving force twice or more as above, on June 25, 2015, 200 around 19:00, the Defendant driven BM5 car under the influence of alcohol with a alcohol content of 0.088% in alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the 2 main apartment commercial building located in the Gu, Sinsi-dong, Sinsi-si, Sinsi-dong, through the KBS four distance in the Gu, Sinsi-dong, Sinsi-si, Sinsi-dong, 471-1.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, report on the circumstances of the driver's license, ledger of driver's license, details of revocation of driver's license, investigation report-related application of the said d mark
1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Quantity (Article 55 subparag. 1) (Article 53 and subparag. 3 of the Act on Reduction of Quantity is inferior to the point of final punishment, grounds for revocation of license, and grounds for an accident committed during the commission of a crime, but the frequency and degree of punishment due to the same crime, the above accident is a low-speed drilling accident, and the victim has agreed smoothly with the victim, and the situation in which his mistake is divided is shown);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;