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A defendant shall be punished by imprisonment with prison labor for up to 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 November 1, 2010, the Defendant was issued a summary order of a fine of KRW 3.5 million by the Ulsan District Court for a violation of the Road Traffic Act, etc., and on February 7, 2014, the Defendant violated the obligation under the Road Traffic Act that would not drive a vehicle under the influence of alcohol on at least two occasions by receiving a summary order of KRW 4 million for the same crime from the same court.
On March 8, 2019, at around 21:20, the Defendant driven DCA 110B Ob, while under the influence of alcohol without obtaining a motorcycle driver's license from the 1km section to the next road of the same city C underground tea.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of state of drivers, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;
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 probation and community service order are the reasons for sentencing under Article 62-2 of the Criminal Act, and the fact that they are driving Otoba is favorable to the defendant.
On the other hand, the fact that blood alcohol concentration is high, and that the criminal records are identical to that of the defendant is disadvantageous to the defendant.
Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.