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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 April 6, 2012, the Defendant was sentenced to a summary order of a fine of five million won due to a violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch on April 6, 2012, and on January 8, 2015, the Defendant was sentenced to a suspended sentence of two years for October.
Although the Defendant had been punished for drinking driving more than twice as above, on August 17, 2018, at around 20:15, the Defendant driven a two-wheeled motor vehicle kwboard (the product name Switzerland V, and 3.6 kilowatt output) under the influence of alcohol without obtaining a Class 2 driver's license for a two-wheeled motor vehicle driving license for approximately 4km from the front side of the road in the Gu and Si/Gu and 3:300 (on a hand), to the front side of the half-day road in the Gu and Si/Gu.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the inquiry report on the results of the crackdown on drinking driving, the photographs of the accident site, and the report on the traffic accident;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of sound driving), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 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) 6 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined in consideration of the same kind of crime record, blood alcohol concentration, reflects on the reason of sentencing under Article 62-2 of the Criminal Act, the operating of the electric kickboard, the circumstances leading to the crime, the defendant's age, character and conduct, environment, etc.