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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 October 6, 2008, the Defendant issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and on May 27, 2014, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act.
On January 6, 2015, at around 21:22, the Defendant driven a Bsch Rexton car without a driver’s license at a section of about 500 meters from the roads in front of the Dong branch in the Gangnam-dong in the same city to the roads in front of the Seocho-dong in the same city.
Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, drives a motor vehicle in the state of under the influence of alcohol, while driving a motor vehicle with no license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;