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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 is a person who has been sentenced to a fine of one million won by the Jeju District Court on April 10, 2009 for a violation of the Road Traffic Act, and seven million won by the same court on July 11, 2013 for the same crime.
Criminal facts
On January 12, 2015, the Defendant, while under the influence of alcohol content of 0.194% without a driver’s license on January 22, 2015, operated Category C-II cargo vehicles at a section of about 1 k meters in front of the road 20-day, Seopo-si, Seopo-si, Seopo-si, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor under Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, and selection of a person for a crime;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act;
1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:
The favorable circumstances: The circumstances that both facts of crime are recognized and reflected: The records of punishment for the same kind of crime are several times, the blood alcohol concentration is very high, and it is so decided as per Disposition due to the motive and circumstances of the crime, circumstances after the crime, the defendant's occupation, and family relations or higher.