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1. The punishment of the defendant shall be determined by six months;
2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On January 27, 2012, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) from the Seosan Branch of the Daejeon District Court on January 27, 2012, and on February 3, 2012, the Defendant received a summary order of a fine of three million won for the same crime from the same support.
On February 26, 2016, the Defendant driven Bone Star Co., Ltd. in the state of alcohol alcohol concentration of 0.092% without obtaining a driver's license from the front Do of the main apartment complex of about 2,000,000 to about 5:64 km in the same city of Hanman-si, Seosan-si around 14:05 on February 26, 2016, while under the influence of alcohol concentration of 0.092%.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of drivers working at the State and inquiry of driver's license;
1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment, such as a copy, etc. of the previous and summary order);
1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (applicable to crimes and there shall be no record of punishment exceeding reflectability and fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. Article 62-2 of the Criminal Act on the observation of protection;