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A defendant shall be punished by imprisonment for six months.
except that 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 May 7, 2009, the Defendant issued a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on May 7, 2009, and a summary order of 3 million won of a fine by the same court on June 15, 2010.
around 15:20 on October 9, 2014, the Defendant driven Calba while under the influence of alcohol 0.131% of alcohol without a motorcycle driver’s license from a section of approximately 1km from the front of the community hall located in the Geumnam-si, Sejong-si, to the model lower road located in the same Sinb-dong.
As a result, the defendant has violated the prohibition of drunk driving more than twice and has driven a motorcycle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers, etc. of driver's licenses;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);
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 for the suspension of execution [Article 62 (1) of the Criminal Act for the persons who have no criminal record of the suspension of execution or any heavier punishment (four times a fine for the same kind of punishment and four times