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1. The defendant shall be punished by imprisonment with prison labor for eight 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
[criminal power] On March 23, 2011, the Defendant issued a summary order of KRW 2 million at the Seoul Eastern District Court for the same crime of violation of the Road Traffic Act, and KRW 3 million at the Suwon District Court on July 21, 2017.
【Criminal Facts】
On November 25, 2018, the Defendant, without obtaining a driver’s license at around 05:36 on November 25, 2018, driven B K7 cars from the section of approximately 600 meters from the road near the long-term road located in the Suwon-si, Suwon-si, to the long-term road located in 101-gil 20, Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of a driving under the influence of alcohol, notification on the results of the control of drinking driving, a survey report on the actual condition, and field photograph;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence was determined as ordered by taking into account the following circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstances after the commission of the crime, etc.
Unfavorable circumstances: The defendant is a total of three times in 2006, 201, and 2017 due to drinking.