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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
[criminal power] On September 8, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch Branch of the Daegu District Court on September 8, 2009, and on December 17, 2012, the Defendant had the record of being issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On May 23, 2015, at around 22:00, the Defendant driven CT100 Obane while under the influence of alcohol content CT10% 0.0% under the influence of alcohol without obtaining a motorcycle driver’s license from approximately 1km to the front of the Daegu Nam-gu, Nam-gu, Nam-gu, Nam-gu, Seoul Metropolitan City, to the end of the 49-gu, Nam-gu, Daegu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the actual status of a host driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, etc. and investigation reports (the filing of two-time summary reports on records of driving under influence of alcohol) 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 2 of Article 154 and Article 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 (i.e., the fact that it is true that the suspended sentence does not repeat the crime, and that there is no criminal record of the suspended sentence or more);
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;