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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
On July 25, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on November 6, 2013, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) from the original branch of the Chuncheon District Court.
On March 14, 2015, at around 23:26, the Defendant driven a 49cc lebane without obtaining a motorcycle driver's license from the front side of the Fridong, which is located in the crossing-gun, to the front side of the new village police station located in the same military air route, near the new village police station located in the same military, and without obtaining a motorcycle driver's license from around 4 0.120% alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. A driver's license inquiry;
1. Previous records of judgment: Investigation reports (Attachment of the same type of judgment, etc.), criminal records, inquiry reports on criminal records, previous records of disposition, results of confirmation reports, and application of Acts and subordinate 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 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Formal concurrence, and the selection of a sentence, Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment) and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant had been subject to punishment for a total of eight times due to drinking or unlicensed driving, and repeated driving without drinking.
However, there is a conflict with the wrong, and there is a delay.
In consideration of these circumstances, the punishment as ordered shall be determined.