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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On June 26, 2014, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court, and on November 24, 2014, the same court issued a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 6, 2015, the Defendant, who violated two or more times, operated a bicycle in the section B 1110cc motor in the section B from the section B 110cc in the vicinity of the ambol-dong in the state of alcohol 0.108% under the influence of alcohol without obtaining a bicycle license for a motor device device at around 23:27, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking control, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of a copy of the criminal records and 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 2 of Article 154 and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do114, Apr. 1, 201>
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;