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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 July 7, 2006, the Defendant was notified of a summary order of one million won of a fine for a violation of the Road Traffic Act in the Changwon District Court's Tong-gu branch on July 7, 2006. On September 17, 2007, the Defendant was notified of a summary order of 1.5 million won for the same crime in the same court on September 17, 2007. On April 29, 2009, the Defendant was sentenced to a fine of 4 million won for the same crime. On September 4, 2009, the Defendant was notified of a summary order of 4.5 million won for the same crime in the same court.
On December 15, 2012, at around 01:00, the Defendant, without obtaining a driver’s license, driven a B car in front of the future apartment located in the Calren-dong in the Calende-dong, through through the Do from the Do in front of the Balrena, which was attempted at the Tong-si, under the influence of 0.12% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. Registers of driver's licenses;
1. Previous records: Inquiries into criminal records, etc. and the application of Acts and subordinate statutes reporting criminal investigations;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is that the defendant has been sentenced to a fine due to drinking or unlicensed driving (three times of drinking driving, two times of driving without a license, three times of driving without license) and again commits the crime of this case, considering the fact that the blood alcohol content at the time of this case has reached 0.112%, and the occurrence of an accident caused by a vehicle parked during driving, etc., although it is not good, the crime is not good. However, the fact that the defendant is living in depth while making a confession, again is expected to not drive under the influence of alcohol, the defendant's age, character and behavior, environment, etc.