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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 21, 2011, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on March 21, 201, and a summary order of five million won or more as a fine in the same court on June 13, 2012, respectively.
On March 28, 2013, at around 20:45, the Defendant driven a B Dap vehicle with the blood alcohol concentration of about 0.052% without a vehicle driver’s license in a section of about 200 meters from the front day of the Kumsan Camp, which is in the south-si of Sinsi, to the front day of the legal history of the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. License register;
1. Previous conviction: Application of a copy of summary order;
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;
1. The reasoning for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to multiple criminal punishment due to drunk driving, and the Defendant’s liability for the instant crime is not less severe than that of the instant crime. On the other hand, it is decided as per Disposition in consideration of the following: (a) the Defendant did not have any criminal history heavier than that of probation, and is against the Defendant.