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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
On December 5, 2011, the Defendant was sentenced to a fine of KRW 2,500,000 due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on December 5, 201, and a fine of KRW 4,00,000 due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on September 30, 2014, and the same criminal power is three times more.
On October 15, 2014, at around 23:10, the Defendant driven a balb while under the influence of alcohol level of 0.11% without obtaining a motorcycle driver’s license from the front of the Gu-U.S. BBS to the front of the central market located in the Gu-U.S. Pyeong-dong in the Gu-U.S. Sinsi-si, the Defendant driven a balb while under the influence of alcohol level of about 5 kilometers.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of survey and statement, and the register of driver's licenses;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;
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;
1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for the same crime, is not that of the crime of this case.
However, the punishment shall be determined as ordered in consideration of the fact that there is no criminal conviction or heavier than the suspension of execution, and the reflection thereof, and other circumstances, such as the age, character and conduct, environment, etc. of the defendant.