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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 February 5, 2013, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on February 5, 2013, and a summary order of 2 million won by a fine from the Pyeongtaek District Court on October 29, 2013 to the same crime, respectively, and was punished on two or more occasions for a violation of the Road Traffic Act.
On November 25, 2013, at around 21:55, the Defendant driven a B-hurged vehicle with a blood alcohol concentration of 0.097% while under the influence of alcohol content 0.097%, without obtaining a driver’s license from the front of the Dong Office of Dong Office of Dong Office, Seocheon-si to the front of the 500-mnurgic apartment complex located in the same city of Dong office.
Summary of Evidence
1. Defendant's legal statement;
1. A written report on an entry into a driver's license;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, 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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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 reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has a history of having been sentenced to a fine several times for the same kind of crime, and that the defendant again committed the instant crime on the only one month after he/she was punished for drinking driving as above, the liability for such crime is not easy. However, the defendant's mistake is against the defendant, the defendant has no criminal record of suspended execution or more, the defendant has no criminal record of suspended execution or more, and the defendant's age, character and conduct, intelligence and environment, motive, means, means and consequence of the instant crime, and circumstances after the crime, etc. shall be determined as ordered by the order