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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 19, 2007, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on April 5, 201, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act.
On May 12, 2015, at around 00 00:30, the Defendant driven a Churged vehicle with a blood alcohol level of at least 0.144% under the influence of alcohol without obtaining a driver’s license at a section of about 200 meters from the front of a restaurant in the name of Ulsan-gu, Ulsan-do to the front of the 147-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro to the same center of the Gu.
As a result, the defendant was a person who had a drunk driving twice or more, and was driving without obtaining a driver's license again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, the register of driver's licenses, and making an inquiry into the vehicle;
1. A previous conviction in judgment: An inquiry report, the ordinary records of disposition, and a report on the result of confirmation (Evidence No. 35 pages of evidence records) shall be applied to 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has already been subject to criminal punishment twice due to drunk driving; and (b) the Defendant again committed the instant crime under the circumstances where a request for a summary order of KRW 5 million due to drunk driving was made on March 18, 2015; (c) there are no other criminal records other than the above, and (d) there are no criminal records other than the fine, and (e) there is no criminal records other than the fine, and (e) there is no other criminal records other than the suspended sentence, and (e)