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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 23, 2013, at around 22:35, the Defendant driven a BSS3 car without a driver’s license, while under the influence of alcohol leveling approximately KRW 800 meters from the road front of the mararian restaurant in the Seocho-gu, Seocheon-gu, Seocheon-gu, Incheon to the road front of the same mar, Yannam-dong, YUGGGGGG apartment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the regulation of the Road Traffic Act, inquiry into the results of the regulation of the drinking driving, the ledger of use of a drinking measuring instrument, and the application of statutes to the ledger of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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 ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to a drinking operation with heavier punishment, but choice of imprisonment shall be imposed);
1. On December 24, 2012, the reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was notified of a summary order of a fine of KRW 4 million due to a crime of violating the Road Traffic Act due to a drunk driving, and even if so, the nature of the crime is not less than that of the Defendant, but the execution of the sentence is suspended by taking account of the following: (a) the Defendant was led to the confession of the crime; and (b) the instant case is merely a mere mere drunk driving without a license.