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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On January 18, 201, at the Seoul Central District Court, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and a fine of KRW 10 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) by the Incheon District Court on June 10, 201.
【Criminal Facts】
1. Around 09:00 on September 30, 2016, the Defendant, without a car driver’s license, drive DSS5 automobiles with approximately 17 kilometers from the front side of the Heungpo-si, Kimpo-si, Kimpo-si, 2058-1, Jungpo-ro, Incheon to the front side of the Heungpo-dong, Seo-gu, Seo-gu, 85 kilometers-ro, Seo-gu, Incheon.
2. On September 30, 2016, the Defendant, while under the influence of alcohol content of 0.202% without a car driver’s license, driven a vehicle with approximately 16 km section from the front of a daily sports center located in the Seo-gu Incheon Metropolitan City Kimpo-si, Kimpo-si, 198-3 at around 16 km to the front of a mutual convenience store located in Seo-gu, Seo-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A traffic accident report;
1. A report on the actual status of a host driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Investigation report (verification of driving distance without a license);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, reports on the failure to take each disposition and the results of confirmation (Attachment of judgment, attachment of 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and
1. A punishment provided for in Articles 40 and 50 (a punishment imposed on any violation of the Road Traffic Act at around 22:52 on September 30, 2016 and any violation of the Road Traffic Act (a without a license) and any violation of the Road Traffic Act (a without a license) of the Commercial Concurrent Crimes Act;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Circumstances favorable to the accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;