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A defendant shall be punished by imprisonment with prison labor for up to 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 January 10, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act, and a fine of KRW 2 million for a violation of the Road Traffic Act in the same court on April 1, 2015, respectively.
Although the Defendant had been punished for the crime of violation of the Road Traffic Act more than twice as above, at around 02:20 on July 19, 2015, the Dong-dong, which was located in the front line of the Dong-dong in Ansan-si, Gyeonggi-si, the Defendant driven a B-learning car under the influence of alcohol of about 1.5 meters without obtaining a driver's license in the section of about 1.5 meters from the adjacent road to the front line of the Gosan-si, Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective Acts and subordinate statutes described in the standing report on surrounding drivers, the results of the control of drinking and driving, and the register of driver's licenses;
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;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;