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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
[criminal power] On December 19, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court on December 19, 2008, and on July 13, 2012, in addition to the summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) from the Busan District Court’s subsidiary branch, the Defendant was sentenced to a fine of KRW 5 million for the same crime group two times more.
【Criminal Facts】
On June 4, 2014, at around 23:19, the Defendant driven a B-car under the influence of alcohol concentration of 0.109% without obtaining a driving license from the Dong of Gwangjin-gu, Seoul to the front road of about 2 km-ro 115 Sporo-ro, Seongdong-gu, Seoul.
As a result, the defendant was punished not less than twice for violating the Road Traffic Act without obtaining a driver's license, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on the same criminal records);
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. 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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are many kinds of past records
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;