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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 February 2, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on September 12, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seo branch court of the Daegu District Court.
【Criminal Facts】
On September 16, 2015, the Defendant, without obtaining a driver’s license at around 06:20 on September 16, 2015, driven B New MM3 car from the section of about 4 km from the front side of the mutual influence in the new market in Daegu hydro-gu under the influence of alcohol content of 0.148% to the front side of the four km street in the same Jung-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the status of a drinking driver, statement on the status of a drinking driver, and written report on the status of a drinking driver;
1. Various documents such as a license ledger;
1. Previous conviction: Application of a copy of summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence);
1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;