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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 29, 2010, the Defendant was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act, etc. in the Jeonju District Court's full-time branch court on December 29, 2010, and was sentenced to a fine of seven hundred thousand won for a violation of the Road Traffic Act at the Daejeon District Court on July 20, 2007, and was sentenced to a summary order of seven hundred thousand won for a violation of the Road Traffic Act.
On December 16, 2014, the Defendant, without obtaining a driver’s license at around 23:30 on December 16, 2014, driven a DNA car at a section of approximately 100 meters in front of the right station located in the same region as the right station located in the area where the right station at Suwon-si is located in the same area with a blood alcohol concentration of 0.148% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control and the record of drinking measurement;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of five copies of Acts and subordinate statutes, such as criminal records, replys to inquiries and written judgments;
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 imprisonment with prison labor chosen;
1. Article 53 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the blood alcohol content is not low for the reason of sentencing and that there are some circumstances to take account of driving circumstances into account, and since the substitute driving engineer set up a car on the road and put it on the road, the Defendant seems to have been under control when driving the car beyond the necessary limit for the safety of road traffic.
The range of driving distance is short, the defendant reflects the fact that he/she is detained in prison for about two months, the previous department is five cases, and the sentence shall be determined as ordered in consideration of various circumstances that are the conditions for sentencing, such as family conditions.