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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 1, 2011, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court Port Branch to a fine for a violation of the Road Traffic Act (driving). On April 17, 2012, the same court issued a summary order of KRW 4 million due to the same crime, etc., and on March 18, 2015, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).
On December 2, 2015, the Defendant driven B K3 cars under the influence of alcohol content of about 0.109%, without obtaining a driver’s license, at a section of about 100 meters in front of the same Eup/Myeon high school from the location of the post office near the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, and at around 23:29, the Defendant driven B K3 cars under the influence of alcohol concentration of about 0.109%.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiries about criminal history (A) and application of Acts and subordinate statutes of investigation report (verification of the same type of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that a person has been punished five times due to drinking or a crime that contains a licenseless driving: The fact that the person does not cause a traffic accident by simple drinking or driving without a license, the fact that the driving distance is not relatively short, the fact that there is no history of punishment exceeding the fine, and the fact that the person reflects the wrongness;