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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
On April 13, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Jeonju District Court on April 13, 2012, and the same court on May 11, 2017.
On March 23, 2018, at around 15:02, the Defendant driven a B-be vehicle under the influence of alcohol content of about 0.146% without a vehicle driver’s license at the section of approximately 12 km from the front of the off-dong village to the 3-day distance of the head of the Net Chang-gun in the face of the Net Chang-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);
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. Aggravation of concurrent crimes with the punishment prescribed in Articles 40 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for a violation of traffic laws heavier than punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);
1. Despite the fact that the defendant had been already punished three times due to drinking driving, the defendant again committed the crime of driving without a license for drinking alcohol in this case, and the fact that the defendant's blood alcohol concentration is high at the time of the crime in this case is disadvantageous to the defendant.
However, considering the fact that the defendant reflects the defendant, there is no criminal record other than a fine, the fact that the defendant supports the mother of old age, the circumstances favorable to the defendant are considered, and all other sentencing conditions specified in the argument of this case are considered.