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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
[Criminal Power] On June 21, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 1.5 million by the same court on July 15, 2013.
【Criminal Facts】
On May 12, 2014, at around 23:02, the Defendant driven a DNA car with a blood alcohol level of 0.184% under the influence of alcohol level of 0.184%, without obtaining a driver’s license in a section of about 200 meters from the day near the coffee shop in Seo-gu, Seo-gu, Gwangju to the front road of the same Gu.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice, once again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of the driver, and the protocol of the driver’s license registry;
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (applicable to criminal records of the same kind as a suspect and summary orders);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 (it shall take into account all the circumstances, such as the absence of the enemy who has been sentenced to imprisonment or more severe punishment for the same crime);
1. Probation and community service order under Article 62-2 of the Criminal Act;