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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
[criminal history] The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 5, 2008, and was sentenced to a fine of three million won for the same crime in the same court on October 28, 2016, and was sentenced to a fine of three million won or more for the same crime.
[Criminal facts] On February 6, 2017, the Defendant, without a driver’s license of a motor vehicle around 14:25, driven a B-beon truck with approximately 50km of alcohol level 0.197%, while under the influence of alcohol level 0.197% in blood, and driving a B-beon truck with approximately 50 kilometers in front of the apartment site located in Youngcheon-si, Youngcheon-si, an apartment site located in Daegu-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.
Unfavorable circumstances: The defendant committed the crime of this case even though he had been subject to punishment several times for the same kind of crime in the past, and there has been no time to receive the final summary order.
A favorable normal condition: The defendant is not in good health condition, and the defendant is not guilty of the same kind of crime again.
There are many things.