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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
Criminal power is a person who received a summary order of KRW 2 million from the Daegu District Court on June 24, 2010 due to a violation of the Road Traffic Act, and a person who received a summary order of KRW 4 million from the Daegu District Court on February 8, 201 to a fine of KRW 1 million due to a violation of the Road Traffic Act.
Criminal facts
On June 1, 2013, the Defendant, without a driver’s license, driven B automobiles at a distance of about 1 km from the Hancheon-dong fishing place located in Busan-si to the Daegu-dong University located in the same city, without a driver’s license, while under the influence of alcohol of 0.053%.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A report on detection of a host driver;
1. The circumstantial report of an employee;
1. Registers of driver's licenses;
1. Previous records: Application of inquiry reports on criminal records, etc. and 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. Although the punishment of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the punishment as ordered is determined by taking into account all the normal materials revealed in the trial process, such as the defendant's age, occupation and family relation, and the fact that there is no criminal conviction above the suspension of execution for the same criminal record, the blood alcohol concentration level is not high, the defendant's scrapping of the vehicle in this case and the defendant's scrapping of the vehicle in this case