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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] On November 18, 201, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on November 18, 201, and on March 14, 2013, the Defendant issued a summary order of KRW 5 million for the same crime at the same court on March 14, 201, and the same criminal record is four times.
【Criminal Facts】
On April 10, 2014, the Defendant, without obtaining a driver’s license at around 23:30 on April 10, 2014, driven a distance of about 30 meters from the front of the National Bank located in the Gulgdong, Ulsan-gu, U.S., U.S., in the influence of alcohol content of approximately 0.065%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;
1. Details of a proper inquiry and revocation of driver's license;
1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
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. Probation and community service order Article 62-2 of the Criminal Act has been punished four times due to drinking alcohol driving for the reason of sentencing, and the punishment should be strictly punished, such as confinement of the accused for a certain period of time, considering the fact that the accused was faced with a previous fine in the instant case and repeats drinking again, however, the execution of imprisonment shall be suspended, taking into account erroneously against the accused and the family members supporting his livelihood, and taking into account the risk of recidivism, and taking into account the risk of recidivism, the community service work for a considerable period of time shall be