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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
On January 3, 2008, the Defendant was sentenced to a summary order of 1.5 million won for the crime of violation of the Road Traffic Act at the Cheongju District Court on January 3, 2008, and a summary order of 5 million won or more for the same crime at the same court on January 5, 2015, respectively.
On June 4, 2016, the Defendant, without obtaining a driver’s license at around 21:35, driven B-low automobiles to the front road in front of the Cheongju-si, Cheongju-si, Cheongju-si, Chungcheongnam-si, Chungcheongnam-do, the Seoul Special Metropolitan City, 0.2% of alcohol concentration, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and the ledger of vehicle licenses;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same kind of crime) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
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 under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendants’ age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking account of the following circumstances and the reasons for sentencing.
- Unlicensed or drunk driving has been conducted even though there was a record of punishment for a drunk driving.
- drinking water is very high.
The favorable circumstances - mistake is divided.