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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 23, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-licensed driving) at the Daejeon District Court on September 23, 201. On November 1, 2010, the same court issued a summary order of three million won for a violation of the Road Traffic Act (driving) and issued a summary order of one million won for the same court on April 20, 201, respectively.
【Criminal Facts】
On November 05, 2014, at around 23:25, the Defendant, without a car driver’s license, driven a Bknife car at approximately 150 meters section from the commercial and aesthetic restaurant in the Daejeon Samsung-dong to the front road in the Daejeon Jung-gu, Daejeon Central-dong, while under the influence of alcohol content of 0.120%.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. Making a report on the control of drinking driving;
1. Control note;
1. The circumstantial statement of the employee;
1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (Attachment to the same criminal records);
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 with heavier 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 favorable circumstances):
1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order, Article 59 of the Probation Act: The defendant has already been punished for the same kind of crime over several times, and the blood alcohol content is relatively high: Confession, reflectivity, etc., and other favorable circumstances: The defendant's age, family relationship, criminal background, etc.: Imprisonment with prison labor for six months;