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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 November 18, 2014, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of performance of official duties in the Jeju District Court's original branch on November 18, 201, and the judgment became final and conclusive on November 26, 2014.
In addition, on August 2, 2007, from the original branch of the Chuncheon District Court, the summary order of a fine of KRW 3 million was issued for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, and on September 29, 2008, the same court issued the summary order of KRW 1 million due to the violation of the Road Traffic Act (driving) in the same court at least twice.
On October 6, 2014, at around 16:40, the Defendant driven an Epoter truck under the influence of alcohol content of 0.173% without obtaining a driver’s license from the 4km section of approximately 1852 km to the e-mail and the front.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. G statements;
1. A report on the occurrence of a traffic accident (j), the volume of water, and the report on a traffic accident (1) (2);
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Investigation report (verification of the driving distance without a license);
1. Investigation report (Recalculation of blood alcohol concentration: Correction);
1. Previous convictions indicated in judgment: Residents' inquiry and criminal records, previous records, report on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (Attachment to the same summary order, etc.);
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. 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already committed an act of drinking or driving without a license.