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A defendant shall be punished by imprisonment for six 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 October 30, 2013, the Defendant received a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) from the Daegu District Court Port Branch on the part of October 30, 2013, and a fine of KRW 5 million for the same crime in the same court on March 20, 2015.
[2] While Defendant 1 violated Article 44(1) of the Road Traffic Act not less than twice, Defendant 2 driven a B-ri vehicle under the influence of alcohol level of 0.121% during blood alcohol level without obtaining a driver’s license from the front side of the Busan Cheongdong-gu Busan Cheongdong-gu Busan Cheongg-dong on February 13, 2016, to the front side of the D-ri city located in the south-gu Cheonggdong-gu, Busan Cheonggdong-gu, Busan Cheonggdong-gu, D-ri, which is located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);
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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of punishment twice due to drinking driving, circumstances favorable to the fact that drinking value is high: The fact that there is no traffic accident due to simple drinking, driving without a license, the fact that there is no history of punishment exceeding the fine, and the fact that there is no wrong history of punishment exceeding the fine;