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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal power] On February 1, 2008, the Defendant has a record of receiving a summary order of KRW 2 million from the Gwangju District Court due to a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the Gwangju District Court due to a crime of violation of the Road Traffic Act (driving) on June 16, 2014.
【Criminal Facts】
On April 22, 2015, the Defendant, without obtaining a driver’s license on April 22, 2015, driven B rocketing car from approximately 300 meters to the roads located in the Seo-gu Seoul Metropolitan City, Seo-gu, Seosungdong, Seo-gu, Gwangju, Seo-gu, Busan, with a blood alcohol concentration of 0.080%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, driver's license inquiry, and the statement of the situation of drinking drivers;
1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;
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. 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. The sentencing condition of Article 62-2 of the Criminal Act, as stated in the reasoning of sentencing, shall be determined like the order, taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the fact that there was a history of punishment several times for the same crime, blood alcohol concentration, and the age, character and conduct, environment, circumstances of the Defendant, and circumstances after the crime.