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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 September 7, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) with respect to sex support by the Daegu District Court on September 7, 2012, and a summary order of KRW 3 million with respect to the same crime in the same court on November 14, 2012.
On November 3, 2013, at around 17:05, the Defendant driven B Obba without obtaining a motorcycle driver’s license in the state of alcohol alcohol concentration of about 0.155% from the 1km section in front of the so-called Scari Si, Seo-ri, Si, Don-gun, the Gyeong-gun, the Haba-gun, the Habba-gun, the Haba-gun, the Defendant was under the influence of
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture is that the defendant was punished several times due to drinking or unlicensed driving in the past, and that the defendant was under the influence of drinking while driving in the instant case, the traffic accident has occurred while driving in the instant case, and the purpose of the revision of the Road Traffic Act that strengthened punishment for driving under the influence of drinking, it is inevitable to punish the defendant.
However, this case's age, family relation, health status, personality and behavior, environment, motive for the crime, circumstances after the crime, etc. are recognized as the defendant's mistake and reflect in depth.