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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 August 2, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Cheongju District Court's Chungcheong support on August 2, 2010, and a fine of three million won for the same crime in the same court on November 15, 2007.
Criminal facts
On April 8, 2014, at around 20:40, the Defendant driven Bunst motor vehicle under the influence of alcohol content of about 0.090% without obtaining a driver's license at a section of about 100 meters from the front of the office of a licensed real estate agent in the name of Masan-si, Masan-si, Masan-si to the front of the 119 Safety Center.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Statement in the circumstances of an employee;
1. Inquiry into the driver's license ledger;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case is committed even though the criminal records of the same kind of crime could be available, the circumstances that are favorable to the risk of additional damage due to drinking and driving without a license: The defendant's time of and reflects the crime, the fact that there is no criminal record exceeding the defendant's fine, and other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation and home environment