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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 May 3, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s Sung Branch on May 3, 2010, and on May 19, 2016, the Defendant was sentenced to a fine of KRW 3 million for the same crime and was sentenced to a fine of KRW 3 million in the above court.
On March 24, 2017, the Defendant driven B1 ton cargo under the influence of alcohol of about 0.113% in alcohol during blood without obtaining a driver's license from the 2km section of the 2km away from the Do Hong-gun located in the Do Hong-gun, Gyeong-gun, Gyeongsung-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, the 19:30 on March 24, 2017.
As a result, the defendant has been driving a motor vehicle under the influence of alcohol, even though he has violated the prohibition on driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Records of the judgment: Application of each one of the Acts and subordinate statutes in response to inquiries, such as criminal history, reports on investigation (Attachment to force of the same kind of punishment as a suspect), and judgment attached thereto, and summary orders;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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 Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment for the defendant in the sense that he/she again commits the instant crime, even though he/she had a history of punishment once due to a violation of the Road Traffic Act (refluence of drinking), four times due to a violation of the Road Traffic Act (influence of drinking), and one time due to a violation of the Road Traffic Act (influence of driving without permission).
However, the defendant recognized his mistake and reflected his mistake.