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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 20, 2009, and was sentenced to a suspended sentence on January 18, 2013 and sentenced to a suspended sentence on October 26, 2013 by the same court, which became final and conclusive on January 26, 2013.
【Criminal Facts】
On August 6, 2013, at around 23:40, the Defendant driven a D-to-purd vehicle with a blood alcohol concentration of 0.110% under the influence of alcohol without a driver’s license on the front of the Jin-dong Office located in the Jin-si, Jin-si, Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, report on the status of driving a motor vehicle under consideration, report on the status of a motor vehicle under consideration, report on the status of a motor vehicle under consideration;
1. Registers of driver's licenses, disqualified documents of the main office, and detailed statement of revocation of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (Attachment to summary orders, etc. of the same kind of case), summary orders, etc.;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was subject to a four-time fine for drunk driving; (b) the Defendant was subject to a one-time suspended sentence; and (c) the Defendant committed the instant crime during the suspended sentence period, such as the record of the criminal records in the judgment, it is inevitable to sentence the Defendant.
However, in consideration of all the circumstances, such as the fact that the defendant commits a mistake, and if this judgment becomes final and conclusive, the suspension of execution shall be determined as per the order.