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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On April 10, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution with labor for a violation of the Road Traffic Act, etc. at the Jeonju District Court on August 31, 2012, and sentenced to a fine of 5 million won for a violation of the Road Traffic Act, etc. at the Jeonju District Court on August 31, 2012, and issued a summary order of 7 million won for a violation of the Road Traffic Act at the Jeonju District Court on December 13, 2013.
【Criminal Facts】
1. On February 12, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving C-wing truck from a distance of about 2 kilometers from the front side of a ice apartment to the front side of the stadium in the same Gu from the front side of the ice stadium located in the same Gu as the front side of the ice apartment on the front side of the ice stadium in the same Gu.
2. On February 12, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement) on the roads in front of the ice stadium located in the ice-gu, U.S., U.S., U.S. on the front of the ice-gu, U.S.A. on February 12, 2014, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol in the front of the ice-gu, U.S., U.S., and smelling in the front of the ice-gu, C, U.S., and red-lighting in the face, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a drinking driver, and photographs of the rejected to measure drinking;
1. The circumstantial statement of the employee;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes reporting criminal records, US records and results of confirmation;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the volume of alcohol), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.