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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 December 4, 2015, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Incheon District Court's Branch Branch on December 4, 2015, and a fine of five million won for a violation of the Road Traffic Act in the Incheon District Court's Branch on April 28, 2016.
On July 22, 2016, around 23:53, the Defendant driven a B-low-scale car owned by the Defendant without obtaining a driver’s license in the section of approximately 1 km from the vicinity of the Seocheon-si department store to the road of about 1k-ro 104, and without obtaining a driver’s license, while under the influence of alcohol content of about 0.129%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license, report on the circumstances of driving without a license, report on the results of crackdown on driving under influence of alcohol, register of driver's license, and making an inquiry into the
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
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;
1. The execution of imprisonment with prison labor shall be suspended and the order to attend education shall be imposed, considering the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act has five times a fine for the same kind of drinking driving;