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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of eight months for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on August 27, 2008, and was sentenced to a summary order of three million won for the same crime in the same court on July 26, 2017.
【Defendant Inasmuch as the above-mentioned crime committed a violation of Road Traffic Act (driving) was punished not less than twice, Defendant 1 driven C-wing and C-motor vehicle under the influence of alcohol concentration of about 15 km in the section of approximately 15 km, from March 21, 2018 to the road of the same Sinsan-si in the front of the mutual influence-dong-dong-dong-dong-dong-dong-si of Bonsan-si around 22:58 on March 21, 2018 without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, copy of the judgment;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Traffic Act of a road with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the consideration shall be given to favorable circumstances, such as the reflection of gender, the occurrence of an accident due to a crime, the support for a family, including a minor of class 2 intellectual disability, and the clear social relationship);
1. Article 62 (1) of the Criminal Act (it shall be considered that the conditions favorable to the above have been repeated, as well as that of the same kind of criminal punishment, and that of the same criminal punishment for which the sentence has not been committed for about 10 years;
1. The community service order under Article 62-2 of the Criminal Act;