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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 19, 2007, the Defendant was sentenced to a suspended sentence of three months by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Gwangju District Court on September 19, 2007, and on January 29, 2010, the same court received a summary order of KRW 6 million by a fine for a violation of the Road Traffic Act.
On June 20, 2014, at around 21:32, the Defendant driven a DNA car under the influence of alcohol level of 0.218%, without obtaining a driver's license, from the Defendant's house located in Young-gun C through the mutual influence in the same Ri through the influence distance in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;
1. Previous convictions in judgment: Criminal records, summary orders, and application of statutes governing judgment;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
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;
1. For the reasons of sentencing under Article 62-2 of the Act on Probation, the special circumstances include the motive, background, means and method of the crime of this case, the circumstances before and after the crime of this case, and the defendant's age, character and behavior, career, environment, etc. as shown in the arguments of this case: The positive factors of determining the punishment as stated in the order are not scrapped and repeating the vehicle. The negative factors of each person with a hearing disability are as follows: 50,000 won as a fine for the violation of the Road Traffic Act on January 1, 1997; 1 million won as a fine for the same crime around August 1997; 1 million won as a fine on April 1, 2006; 1 million won as a drinking and without obtaining a license on September 20, 2006; and 1.5 million won as a fine on September 206: other factors for consideration.