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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
【Criminal Power】 On May 30, 2013, the Defendant was issued a summary order of a fine of five million won at the Jeonju District Court for a violation of the Road Traffic Act and two previous criminal records of the same kind.
【Criminal Facts of Crimes】 On December 16, 2013, the Defendant driven Brens II automobiles without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.150 percent from the road near the funeral home of the “companion hospital” in the Seoul-gu Seoul Metropolitan City, Seojin-gu, Seoul Metropolitan City to the road front of the restaurant of the “Yongjin-gu, Changjin-gu,” which is located in the Seoul Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, inquiry (motor vehicle, license), and inquiry into the driver's license;
1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes attaching the same summary order of the suspect;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding the fine against the defendant, the confession and reflect of the crime in this case, and the attitude of the defendant's family;
1. Order to attend lectures under Article 62-2 of the Criminal Act;