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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 26, 2010, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on February 26, 201, and on October 20, 201, the Defendant was sentenced to a suspended sentence of 2 years in prison for a violation of the Road Traffic Act (driving) at the Ulsan District Court on October 20, 201, and was sentenced to a suspended sentence of 2 years in
【Criminal Facts】
On December 13, 2014, at around 21:19, the Defendant driven a B-type vehicle without a driver’s license while under the influence of alcohol content of 0.108% at a 30-meter section at the nearest road of the Seogsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do. The Defendant driven a B-type vehicle with a blood alcohol content of 0.108%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of the state of driving, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. The register of driver's licenses for tea and cars;
1. Application of statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Probation and community service order Article 62-2 of the Criminal Act, even though many people of the same kind of experience in sentencing, and again repeated driving of drinking without a license, Defendant should be punished strictly. However, the fact that mistake is recognized and contradictory, and the sentencing conditions indicated in the records, such as Defendant’s age, character and behavior, family environment, etc., are considered as a whole, and the punishment as ordered.