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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
On June 12, 2014, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act in the Chuncheon District Court on June 12, 201, and on December 8, 2014, the Defendant was sentenced to a summary order of three million won or more for the crime of violating the Road Traffic Act in the Sungnam Branch of the Suwon District Court on December 8, 2014.
On December 15, 2014, at around 21:10, the Defendant driven a B rocketing car under the influence of alcohol concentration of about 0.096% without obtaining a driver’s license from the front of the restaurant, which is in knowledge of the trade name in Pyeongtaek-si, to the front road of the same Sejong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Registers of driver's licenses;
1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;
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. In light of the fact that the defendant, for reasons of sentencing under Article 62-2 of the Criminal Act, drives a motor vehicle without a license even though there are two times the records of punishment for the same kind of drinking driving, the liability for the crime is unlimited, but the defendant recognizes the facts charged in this case and reflects his mistake, again, the defendant does not drive a motor vehicle again, there is no record of punishment exceeding a fine due to the same kind of mistake, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., the punishment is determined as ordered.