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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
The Defendant, at the Daejeon District Court on September 23, 2009, received a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on May 23, 201, received a fine of KRW 2.5 million for the same crime in the same court.
On May 4, 2013, at around 03:20, the Defendant driven B automobiles under the influence of alcohol content of about 0.153% without obtaining a driver’s license in the section of approximately 200 meters of alcohol from the front of the cafeteria of “Seoma” restaurant in Seo-gu, Seo-gu, Daejeon to the front road of the Gain apartment in the same Dong from the day on which the Defendant was under the influence of alcohol content of 0.153%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. Criminal records and investigation reports (former and previous records and the application of 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished for drinking and driving without a license, is likely to be criticized.
However, in light of the fact that the defendant is against the defendant and the drinking water of this case, it is reasonable to sentence a suspended sentence to the defendant.
Provided, That the community service order shall be added to prevent recidivism.
It is so decided as per Disposition for the above reasons.