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A defendant shall be punished by imprisonment for six months.
except that 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 November 9, 2009, the Defendant was issued a summary order of one million won or more due to a violation of the Road Traffic Act by the Changwon District Court, and on February 8, 2015, the Defendant was issued a summary order of 1.5 million won or more due to a violation of the Road Traffic Act at the Changwon District Court.
On September 23:40, 2015, the Defendant driven a vehicle of about 3 km from the front of the Changwon Station located in the window-dong of Changwon-si, Changwon-si to the front road of the Do square that is located in the window-dong of Changwon-si, Changwon-si, without obtaining a vehicle driver's license, while under the influence of alcohol with a blood alcohol concentration of 0.080%, the Defendant driven a vehicle of C balleman under the influence of alcohol concentration of 0.080%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the report on the state of drinking drivers, the report on the state of drinking drivers, the records of drinking driving, and the report on the state of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the same kind of crime without a license even though not only had the record of being sentenced to a fine for a violation of the Road Traffic Act, such as the criminal facts stated in the judgment, but also had the record of being sentenced to a fine for the same kind of crime.
However, the defendant's mistake is unfolded and reflected in depth, the blood alcohol concentration at the time of driving of this case is excessive to the level of license suspension, the phone call of the wife who changed to the hospital, and the defendant was allowed to drive under the influence of alcohol suspended.