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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2018, the Defendant, without a driver’s license, driven a motor vehicle from the section B at approximately 1 KKG charging station located in the same 428-2 from the Do in front of the area of Suwon-si, the area of alcohol content of which is 0.174% in blood during blood at around 01:55.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the situation of driving under alcohol and the results of crackdown on driving under alcohol;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc.
On November 29, 2013, the Defendant was issued a summary order of KRW 300,000 as a crime of violating the Road Traffic Act (unlicensed Driving) in the support for the development of the Sugwon method, and on July 20, 2015, the Defendant was sentenced to a fine of KRW 4 million as an identical crime by the common military court of the Association 12 in the land military branch on July 20, 2015, and on September 28, 2016, issued a summary order of KRW 3 million for the same crime and was sentenced to a fine of KRW 3 million for non-exclusive driving.