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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 11, 2010, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of road traffic law (driving), etc. at the Daegu District Court. On September 12, 2016, the Defendant was sentenced to a fine of KRW 2 million for the same crime, and was sentenced to a fine of KRW 2 million for the same crime in the Daegu District Court racing support on September 12, 2016.
[2] On June 22, 2017, the Defendant driven a B car under the influence of alcohol level of 0.077% while driving the B car under the influence of alcohol level of 0.07%, without obtaining a driver’s license in the direction of 10km in front of the signal signal distance in the same city of the city at a tourist farm located in Yongcheon-si, Youngcheon-si, Seocheon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.
D. Unfavorable circumstances: the Defendant committed the instant crime even though he had been subject to the punishment of a fine on four occasions due to non-license or drinking driving.
A favorable condition: The defendant admits his mistake.