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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 24, 2007, the Defendant was sentenced to a fine of KRW 700,00 for a crime of violation of the Road Traffic Act in the Daegu District Court, and was sentenced to a fine of KRW 2,00,000 for the same crime in the same court on August 9, 2011, and was sentenced to a fine of KRW 4,00,000 for the same crime in the same court on November 14, 2012, and was sentenced to a fine of KRW 4,00,000 for the same crime in the same court on the same court on the same day, and was sentenced to
On February 21, 2013, at around 00:21, the Defendant driven a motor vehicle with B, under the influence of alcohol content of about 0.136% without obtaining a driver’s license from the front of the forestry cooperative located in the Daegu-gu New Cancer 4, Daegu-gu to the front of the two complex in which the course in the same Dong is about 300 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. A report on investigation (the register of driver's licenses and a copy of a detailed inquiry);
1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report, and the application of Acts and subordinate statutes to an investigation report (verification of suspect's records of drinking driving);
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order of compliance driving lecture is that the Defendant again committed the instant crime even though he/she was punished three times by a fine due to drinking driving. However, considering the fact that the Defendant’s mistake is against himself/herself, and that he/she has no criminal record of suspended sentence or more, the sentence as ordered shall be determined.
It is so decided as per Disposition for the above reasons.