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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On April 14, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch on September 13, 2017, respectively.
【Criminal Facts】 Even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant again driven a D Star Cargo at approximately 700 meters section from the Daegu Western apartment front to the road in front of the same Gu, without obtaining a driver’s license, while under the influence of alcohol at around 01:10 on November 10, 2018, at approximately 0.171% of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, the report on the circumstances of drinking drivers, the inquiry into the results of the drinking driving control, the driver's license ledger, inquiries into the grounds for disqualifications of the main office, the next red inquiry, and the mandatory insurance association;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (examination of the same 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 (see, e.g., Article 62 (1) of the suspended sentence (see, e., Article 62 (1) of the Criminal Act where the defendant recognized the crime of this case and is expected not to repeat again; Article 62 (1) of the Criminal Act has no criminal record of committing a crime subject to the punishment heavier than the suspended sentence; and Article 62 (1) of the spouse of the defendant who
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;