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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 16, 2009, the Defendant was punished by a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on November 16, 2009, and a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 26, 2010.
On July 4, 2014, at around 21:40, the Defendant, without obtaining a driver’s license, driven a motor vehicle of approximately 700 meters in front of the Gu tunnel, which is located in the Gimhae-si, Kimhae-si, in the influence of alcohol of at least 0.056% of the blood alcohol concentration, and driven a motor vehicle of approximately 700 meters in front of the Gu tunnel located in Kimhae-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related 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 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 (Consideration, referring to exchange and the responsibility for supporting family, etc.);
1. It is so decided as per Disposition on the grounds of probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act or more (Consideration of the same offense);