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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 January 19, 2007, the Defendant issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 4, 2009, KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving) and KRW 3.5 million by the same court on January 30, 2012.
On June 13, 2013: Around 23:13, the Defendant, without a driver’s license, driven a B rocketing car at approximately 12 km from the mix in front of the mutually aesthetic restaurant in the Sinnam-dong, in a state of under the influence of alcohol of 0.150%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. A car driving license ledger;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);
1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of a sentence shall be postponed by taking into account the following facts: (a) although the defendant has been punished for drinking on three occasions, he/she is not guilty of a crime by driving under drinking or driving without obtaining a license,
1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;