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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 March 14, 2008, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act (driving). On July 6, 2012, the Defendant was issued a summary order of KRW 3 million by this court due to a violation of the Road Traffic Act (driving). On May 21, 2013, the Defendant was issued a summary order of KRW 8 million by this court on May 21, 2013.
On August 5, 2013, the Defendant, without obtaining a driver’s license at around 21:35, driven a B non-MW car at the 1km section from the front of the main place where it is impossible to identify the trade name in the Sinpo-si in the Sinpo-si in the Sinpo-si in the state of alcohol concentration of 0.127% without obtaining a driver’s license, to the front of the sampling hospital in the Sinpo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. The driver's license ledger;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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 under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished for the same kind of crime several times, it is not good that the crime was committed in the instant case. However, in light of the fact that the defendant's reflects against himself and again does not commit such crime, the punishment shall be determined like the order.