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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
On September 23, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 23, 2008, and on April 4, 2014, the Defendant violated the provisions on prohibition of drinking under the Road Traffic Act not less than twice by receiving a summary order of KRW 3 million for the same crime from the same court.
Nevertheless, at around 23:30 on December 30, 2014, the Defendant driven B observer car under the influence of alcohol content 0.138% without a car driver’s license from a distance of approximately 500 meters near the gold market in the Gu-si, Si-si to the front road of food materials horse in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Registers of driver's licenses, details of revocation of driver's licenses, and disqualified meetings of main office;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the defendant's mistake reflects his/her own mistake and again does not drinking or drive without obtaining a license; the fact that there is no record of punishment exceeding the fine for the same kind of crime; the defendant's age, character and conduct, environment, etc. are considered);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Article 62-2 (1) of the Criminal Act to attend lectures;