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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
On September 17, 2010, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 17, 2010, and on August 1, 2012, the Defendant received a summary order of a fine of five million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on August 1, 201, and has violated Article 44(1) of the Road Traffic Act at least twice.
On June 27, 2013, at around 22:57, the Defendant driven BS (SM) 5 car under the influence of alcohol with approximately 100 percent of alcohol alcohol concentration without obtaining a driver's license from the front of the restaurant of the marma in the Young-gu, Gwangju Metropolitan City, Metropolitan City, to the front road of the 100-meter off the mar 2nd apartment located in the same new Chang-dong around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each Act and subordinate statute stated in the record of the control of drinking alcohol driving, the results of the control of drinking alcohol driving, the report on the statement on the state of drinking drivers, the ledger of license, and the statement on criminal records, etc.;
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 fact that the previous conviction of drinking driving, which was sentenced to a fine by the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, is committed again despite the previous conviction of drinking driving, the defendant reflects the fact that the defendant, drinking alcohol taking in this case, and all other sentencing conditions are taken into account, the order to attend a lecture shall be determined as ordered by the order