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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 one year from the date of the final judgment.
Reasons
Punishment of the crime
On April 28, 2010, the Defendant received a summary order of a fine of one million won due to a violation of the Road Traffic Act from the Chuncheon District Court on April 28, 2010, and on April 23, 2013, the Defendant received a summary order of a fine of three million won or more due to the same crime from the same court on April 23, 2013.
On February 4, 2014, at around 23:43, the Defendant driven a B-te motor vehicle under the influence of alcohol content of about 0.127% without obtaining a driver’s license at a section of about 300 meters from the front side of the “Wacker” in the Chuncheon City master’s zone to the front side of the promotion apartment in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of a drinking driver, inquiry into the results of the control of drinking driving, and driver's license inquiry;
1. Previous convictions indicated in judgment: Application of inquiry reports and investigation reports, and Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is not only that the defendant has received two-time summary orders due to drinking driving, but also has a record of having received one-time summary order due to driving without a license, and re-driving under the influence of alcohol, despite the fact that the defendant, at the Chuncheon District Court on April 23, 2013, again drives under the influence of alcohol for a period of less than one year after being sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Chuncheon District Court on April 23, 2013. However, the defendant should be punished strictly, while selling his own vehicle, the defendant again