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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 12, 2017, at around 22:30, the Defendant driven a cub car in B without a driver’s license, under the influence of alcohol concentration of approximately 0.181% in the distance of approximately 500 meters from the vicinity of the “franchisium” food in the 109-13, Maro-ro, 109-13, to the vicinity of the “franchis pharmacy.”
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident;
1. An accident scene photograph;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. On-site map;
1. A survey report on actual conditions;
1. The driver's license ledger and the driver's license ledger;
1. Disqualifications of the main office;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act, which is heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on the protection and observation, and the order to attend lectures was committed by the Defendant under the influence of alcohol at 0.181% in blood alcohol concentration, and thus, the Defendant was engaged in drinking or non-licenseing, and the Defendant was a letter with high alcohol concentration in blood, causing risks to traffic order, such as causing actual traffic accidents.
Furthermore, the Defendant again committed the instant crime even though he had been sentenced to a fine of KRW 1 million due to a driving without a license in 2005, a fine of KRW 700,000 due to a driving without a license in 2006, a fine of KRW 1.5 million due to a driving without a license in 2007, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 201 (a flight vehicle) and a driving without a license in 2011, and a fine of KRW 2 million due to a driving without a license in 2016.
In consideration of this point, punishment shall be imposed by imprisonment.
However, the defendant committed the crime of this case.