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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 August 4, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling support on August 4, 2009. On March 24, 2010, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) in Changwon District Court's smuggling support on March 24, 201, and on April 25, 2013, the Defendant was indicted for a violation of the Road Traffic Act (driving) and violated Article 44 (1) of the Road Traffic Act at least twice.
Criminal facts
1. Around 19:00 on July 6, 2013, the Defendant driving a D rocketing car without obtaining a driver’s license in the section near the “inter-Korean restaurant” located in the valley of the above side of the valley, on the road in front of the Materna in the valley of the Materna, Sin-Gun.
2. Around July 21, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driven D rocketing car without obtaining a driver’s license, under the influence of alcohol content of about 0.194% at a section of about 100 meters around the road in the vicinity of the “inter-Korean restaurant” as referred to in paragraph (1) of the same Article, to the road in the vicinity of the said sub-Korean cafeteria.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, once again drives a motor vehicle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
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.Article 40 of the Criminal Code of Trade and Trade.