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1. The defendant shall be punished by imprisonment with prison labor for six 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 history] On September 21, 2012, the Defendant was issued a summary order of KRW 1.5 million by a fine of KRW 1.5 million at the Suwon District Court on September 21, 2012, and on November 8, 2017, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 4 million due to a violation of Road Traffic Act (drinking driving) at the Suwon District Court’s Suwon District Court.
[2] On June 4, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on June 4, 2018, driven a B-learning motor vehicle in the one kilometer section from around 1 kilometer to 25 roads prior to the Gyeonggi-do administrative death in front of the local government, in the case of Gyeonggi-do in the middle of 0.141 percent alcohol concentration in the blood.
Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license, report on the circumstances of driving at home, and report on the results of regulating drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
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 extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures [the scope of punishment] Imprisonment with prison labor for six months or more, one year and six months (decision of sentence], and other circumstances as follows.