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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 Facts】
On February 2, 2012, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act, and on February 21, 2014, by the same court on February 21, 2014, a fine of KRW 2,50,000 for a violation of the Road Traffic Act, respectively.
【Criminal Facts】
Although the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act twice or more, the Defendant driven a motor vehicle under the influence of alcohol at least 50 meters without obtaining a driver’s license from the public parking lot in front of the Dongduyang District Education Office located in 110-32 at the center of the Dongducheon-si Office of Education from May 9, 2015 to the three-distance in front of the Dongduyangcheon District Education Office of Education, the Defendant driven a motor vehicle under the influence of alcohol with a 0.120% alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The driver's license ledger;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment with prison labor (to choose imprisonment with prison labor in consideration of the repeated driving of drinking without permission during the short term);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures under Article 62-2 of the Criminal Act;