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A defendant shall be punished by imprisonment for not less than eight 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 September 21, 2006, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court. On November 4, 2016, the Defendant was sentenced to a summary order of 3 million won for a crime of violating road traffic law (dacting driving) in the same court.
[2] Although Defendant 1 was punished twice or more due to drinking, Defendant 2 driven a BS-type car without obtaining a driver’s license from around 200 meters prior to the 124th of the 124th of the 200th of the 200th of the 201st of the 201st of the 201st of the 201st of the 201st of the 201st of the 201st of the 201st of the 201st of the 201st of the 124th of the 124th of the 124th of the 201th of the day
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in the judgment: Application of the Acts and subordinate statutes to refer to inquiries, report on investigation (attached reporting, such as attachment of the previous 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant committed a misunderstanding that the defendant would not repeat the crime; (b) the fact that there exists no record of punishment for driving under drinking except for the recent one-time fine; and (c) other various circumstances that are the conditions for sentencing specified in the pleadings of this case, including the defendant's age, environment, and sexual conduct, shall be determined as ordered by the sentence.