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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On September 22, 2006, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the Gwangju District Court's net support, etc. on May 16, 2007, and was sentenced to eight months of imprisonment for a violation of road traffic law (driving without a license) in the same court on May 16, 2008, and was sentenced to a fine of three million won due to a violation of road traffic law (driving without a license) in the same court on May 16, 2008. On July 28, 2014, the same court was sentenced to a summary order of three million won or more due to a violation of road traffic law (driving without a license) and was sentenced to six times of the record of punishment for a violation of the road traffic law (driving with a summary order of three million won or more, as well as four times of the record of punishment for a non-
[2] On October 22, 2015, the Defendant driven a wing wing truck with approximately 8km alcohol concentration of 0.141% while under the influence of alcohol, without obtaining a driver’s license from the front side of the YM farm at the YYMMM, 17:37 on October 22, 2015, to the right front side of the YMM, 17:37, JMM, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident (1 beams), a survey report on actual condition (1), (2), and on-site photographs;
1. Seeking reports on the detection of violations of traffic laws (driving, etc.) on roads and inquiring about the results of regulating drinking driving;
1. Report on the circumstances of driving without a license, and the driver’s license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, three copies of the judgment, and one summary of the judgment, and one summary of the order;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's crime of this case with the reason of sentencing in Article 62-2 of the Criminal Act is that drinking or driving without a license, even though he had a record of punishment twice or more due to drinking driving, and the crime of this case is good.