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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
[criminal power] On October 31, 2008, the Defendant issued a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million, and from the Daegu District Court Kimcheon Branch on February 15, 2013 to a fine of KRW 4 million.
【Criminal Facts】
On March 4, 2013, at around 21:48, the Defendant driven a BNp motor vehicle under the influence of alcohol with approximately KRW 200 meters alcohol concentration of 0.094%, without a driver’s license, from the front day of the Ggam cafeteria, which is located in the Ggyeong-dong, to the front day of the same luminous-dong.
As a result, although the defendant had the power of violating driving under the influence of alcohol more than twice, he was under the influence of alcohol without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without obtaining a license and driving without a license, inquiry into the results of the control of drinking driving, and the report on the state of drinking drivers;
1. Registers of driver's licenses and details of cancellation thereof;
1. Previous for judgment: Application of criminal records, references to criminal records, reports on the results of confirmation of the previous disposition, investigation reports (Attachment of previous and summary order copies), and application of Acts and subordinate statutes attached thereto;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and consideration given to the cases falling under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where a person commits an error and has no record of being sentenced to a suspended sentence or heavier punishment);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;