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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
On April 26, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (Refusal of measurement of noise level) in the Suwon District Court’s Pyeongtaek site, and on November 17, 2008, the same court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving). On August 13, 2010, the same court received a summary order of KRW 2 million for a fine of KRW 2 million as the same crime. On April 4, 2014, the same court received a summary order of KRW 5 million for the same crime.
On October 26, 2014, the Defendant, without obtaining a driver's license around 00:58 on October 26, 2014, driven B rocketing car from about 2 km to the front road of the industrial company located in Pyeongtaek-si located in Pyeongtaek-dong, Pyeongtaek-dong, while under the influence of 0.067%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Records before judgment: Application of inquiry reports on criminal records, etc. and a copy of each summary order;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
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;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant drives a motor vehicle without a license even though the same kind of drinking driving force was four times, considering the fact that the defendant drives a motor vehicle without a license in the state of drinking alcohol, the charge of the crime is unlimited, but the defendant recognizes the facts charged in this case and reflects his mistake, again, the defendant does not engage in driving under the influence of alcohol, there is no record of punishment heavier than the fine, the degree of drinking alcohol of this case, the degree of the defendant's age, character and behavior, and family environment, etc.