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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
On March 30, 201, the Defendant received each summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and KRW 4,00,00 as a fine in the same court on May 1, 2014.
On March 29, 2015, around 04:33, the Defendant driven a D Sti-type car with approximately 10 meters of alcohol level 0.115% under the influence of alcohol level 0.15%, without a vehicle driver’s license, to the front road of the “Bed Sea” in the same Dong located in the Goyang-dong Port-dong, Seoyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of driving without a license, and inquiry into driver's licenses;
1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;
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 sentence as ordered shall be determined by comprehensively taking into account the criminal records, the time gap between the date of the immediately preceding punishment, the alcohol volume, odometer, circumstances and contents of the crime, the age, family relationship, and all other factors of sentencing as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act.