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1. The punishment of the defendant shall be determined by six months;
2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On May 22, 2015, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on February 3, 2012, to a summary order of KRW 6 million for a fine of KRW 5 million for the same crime, etc. on the same support on February 3, 2012, and the judgment became final and conclusive on October 14, 2016, by being issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on June 20, 2016.
On July 19, 2016, the Defendant: (a) was a person who had at least twice alcohol driving skills; and (b) was driving a B-eth alcohol vehicle under the influence of alcohol at approximately 0.118% under the influence of alcohol alcohol level, without obtaining a driver’s license, at a section of about 5 km from an insular point in Ansan-si to the main Dog-dong in Incheon Metropolitan City from around 21:35, to the front day of the Dog-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of state of drivers, and the register of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although the suspended sentence of Article 62(1) of the Criminal Act continues to be committed for the same kind of crime, it is necessary to repeatedly punish the Defendant by committing the instant crime.
The crimes for which judgment has become final and conclusive at the same time shall be equity.