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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 2, 2010, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on November 4, 201, a fine of two million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on November 4, 201, and a fine of three million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on January 30, 2013, respectively.
【Criminal Facts】
On August 6, 2013, at around 20:18, the Defendant driven a C-wing truck under the influence of alcohol with a blood alcohol concentration of 0.086%, without obtaining a driver’s license, from a section of approximately 2 km from the front road of orchard to the front road of Naju-dong in the Naju-si, Jeonnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;
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 reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be determined as the same in light of the fact that the defendant continues to repeat the same crime even though he/she has been punished six times due to drinking alcohol driving or unlicensed driving.