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A defendant shall be punished by imprisonment for not more than ten 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 August 9, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drawing driving without a license) in the Gwangju District Court's Branch on August 9, 201, and was sentenced to a fine of KRW 6 million as a crime of violating the Road Traffic Act (dacting driving) and a crime of violating the Road Traffic Act (dacting driving) in the same support on January 3, 2013.
On January 25, 2014, the Defendant driven Bribe, while under the influence of alcohol of 0.141%, without obtaining a driver’s license from the front of the central hospital located in the Sinpo City of Sinpo-si to the intersection of the three-distance distance front of the Taepo-dong of Sinpo-si in the Gunpo-si of Sinpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger (A);
1. A report on the detection of a primary driver;
1. Written inquiry about criminal history, etc. (A);
1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):
1. Although the punishment of Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act puts the defendant a cargo vehicle to escape in order to avoid the crackdown on drinking, the crime's nature is somewhat weak, the defendant has no record of criminal punishment exceeding a fine due to drinking, driving without a license, or driving without a license, and the defendant has no record of criminal punishment other than drinking, driving without a license, driving without a license, and the defendant's age, sexual behavior, etc. is determined as the order of mitigation by reducing the punishment of the defendant, taking into account the defendant's age, sexual behavior, etc., and the execution is suspended on the condition of protection observation.