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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1932] The Defendant was sentenced to a fine of KRW 700,000 to a fine for a violation of road traffic law in the Gwangju District Court’s net support on November 17, 2011, and was sentenced to a fine of KRW 1,50,000 for the same offense in the same court on July 1, 2014.
[2] On September 17, 2015, the Defendant driven a B observer car while under the influence of alcohol content of about 0.060% in front of the salary class in the front and front of the an elementary school in a mountain village in the mountain at the time of infinite in the south of the Nam-dong at the time of infinite, the Defendant driven a car with B observer in the state of under the influence of alcohol content of about 100 meters in front of the mountain at the time of infinite.
[2016 Highest 146] On December 26, 2015, the Defendant driven a B observer car without obtaining a driver’s license from around 2 km section from around 10:40 to around 2km in front of the parking lot in the new-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is in charge of driving and notification of the results of regulating drinking driving;
1. Report on the circumstances of driving without a license;
1. A driver's license inquiry;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and of an investigation report (two copies of a summary order) by Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant’s crime of this case with the reason for sentencing under Article 62-2 of the Criminal Act, which committed the crime of this case, once again driven by the same vehicle in spite of the fact that he/she had been punished twice or more due to drinking, and due to this, even though his/her driver’s license was revoked on November 3, 2015, the Defendant continued to be sentenced to a fine for a summary order on November 6, 2015 while driving without a license on November 7, 2015.