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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
[criminal power] The Defendant was issued a summary order of KRW 1.5 million on December 3, 2007, and KRW 4 million on June 15, 2012, on the ground of the violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.
【Criminal Facts】
On September 18, 2012, the Defendant, without obtaining a driver’s license at around 23:10 on September 23, 2012, driven a C-car at a section of approximately 500 meters from the front of the Dana Hospital located in the Danae Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Do, to the front of the Dona Hospital located in the Dana Jeju Dok Jeju Dok Jeju Do, to the front of the Y
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking alcohol driving, the report on the state of his/her oral statement, and the report on the results of the crackdown on drinking alcohol drivers;
1. A driver's license inquiry;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
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 possibility of criticism is not small in that the defendant, for the reason of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, has a past record of criminal punishment twice due to drunk driving, etc.
However, considering the fact that the defendant seems to be aware of and reflect on the crime of this case, the fact that the defendant has no record of punishment exceeding the fine, etc. in favor of the defendant, and taking into account other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.
It is so decided as per Disposition for the above reasons.