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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 2, 2012, the Defendant was issued a summary order of KRW 3 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving on December 15, 2010), by the Incheon District Court at the Incheon District Court on December 22, 2010, with a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) and a fine of KRW 4 million for a violation of the Road Traffic Act (driving on April 29, 201), from the Busan District Court’s Branch Branch Branch of the Incheon District Court at Incheon District Court on April 29, 201.
On October 2, 2012, around 04:34, the Defendant driven CMW car at the Gyeong Medical Center parking lot located in Dongdaemun-gu Seoul, Dongdaemun-gu, 109-5, and without obtaining a driver's license, at approximately 2 meters of alcohol concentration of 0.121% while under the influence of alcohol.
2. On July 18, 2013, the Defendant: (a) driven a motor vehicle without a driver’s license (2013 high-class 233) on July 18, 2013 at approximately 14 km from a closed rest area in order to July 11:10, 2013 to the front day of the illegal act in the door-to-door 1.4 meters; (b) without obtaining a driver’s license.
Summary of Evidence
[Fact 1]
1. Statement by the defendant in court;
1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a manual for control;
1. The driver's license ledger and the driver's license ledger;
1. Three copies of the inquiry report on criminal records, etc. (A) and the summary order (the fact under Article 2 at the time of sale);
1. Statement by the defendant in court;
1. Inquiry into the enemy;
1. Registers of driver's licenses, details of revocation of driver's licenses, and application of statutes to disqualified groups;
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; and
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in Articles 40 and 50 of the Road Traffic Act, between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act on October 2, 2012, and the punishment provided for in the crimes of violating the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act among concurrent crimes;