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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On February 10, 2010, the Defendant was sentenced to a suspension of the execution of six months for a crime of violating the Road Traffic Act in the Changwon District Court's branch on the grounds of a violation of the Road Traffic Act, etc., and on January 31, 2013, the Defendant was sentenced to a suspension of the execution of six months for a violation of the Road Traffic Act, and the Defendant was sentenced to four months for a violation of the Road Traffic Act at the Changwon District Court's branch on January 31, 2013.
[2] On October 9, 2017, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.145% during blood without a driver’s license, in the direction of about 3km to the front road of the old Macheon-gu, Macheon-gu, Mancheon-gu, the old Mancheon-gu, the lower court, located in the Mancheon-gu, Mancheon-gu, Mancheon-do, the Mancheon-gu, the lower court held that the Defendant driven a coo car in B without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;
1. The driver's license ledger;
1. Investigation report (referring to the change of driving distance for drinking);
1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act (a) of the Act on Reduction of Small Quantity (affort that the defendant recognized the crime and would not repeat the crime while disposing of his/her vehicle);
The circumstances favorable to the defendant, such as the fact that there is a part of the defendant's driving and the fact that there is a part of the defendant's driving.
1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;