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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
On October 16, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on October 16, 2007, a summary order of KRW 1,00,000 as a fine for the same crime in the same court on May 15, 2009, and a summary order of KRW 4 million as a result of a refusal to measure drinking by the same court on December 1, 201.
On April 4, 2015, around 02:00, the Defendant, as seen above, driven a motor vehicle of Category C Lastren without a motor vehicle driver’s license, while under the influence of alcohol with approximately 0.162% of alcohol level around the road near the 3km-ro 227 U.S. in the north-gu of the port in the vicinity of the 3km apartment of the South-gu Mandong-gu, the South-gu Mandong-ro 88 at the port.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Previous records: Application of inquiry letter, investigation report (Attachment to the same type of electric records) and statutes, such as criminal records;
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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished in relation to drunk driving three times, and the reason for the cancellation of the license is that there is a history of causing traffic accidents while driving without a license after the cancellation of the license, and that there is a high level of drinking water and that there is high level of high level of drinking water.
However, the crime of this case does not cause any particular traffic accident.