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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 January 3, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions on the grounds that the Daegu District Court received a summary order of fine of one million won for a crime of violating the Road Traffic Act, a summary order of fine of two million won for the same crime in the same court on March 29, 2013, and a summary order of eight million won for the same crime in the same court on January 21, 2014, respectively.
【Criminal Facts of Crimes】 On February 9, 2014, at around 22:35, the Defendant driven a BM5 vehicle under the influence of alcohol without a vehicle driver’s license at approximately 1.5 km section from the Do in front of the Glock Middle School located in the Eup/Myeon of Daegu Northern-gu, Daegu, to the front road of the Youngnam-do, Dongcheon-dong, Dongcheon-do, to a level of approximately 1.5 km alcohol concentration of 0.120%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver and the results of the control of drinking driving;
1. A driver's license inquiry;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports and investigation reports (attached documents to summary orders for related cases);
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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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;
1. In light of the fact that the defendant for the reason of sentencing of Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been sentenced to a fine several times for the same crime, and again, he/she commits the crime in this case, the liability of the crime is not less exceptionally applied, but the defendant has no criminal record of suspended execution or higher due to the same crime, and the defendant has no criminal record of suspended execution or higher due to the same crime, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as the reasons for various