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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On September 11, 2007, the Defendant received a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and issued a summary order of KRW 5 million as a fine in the same court on March 6, 2014.
On April 26, 2015, at around 15:05, the Defendant driven C-type vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.234% from the 15km section to the front road of the main vehicular road located in Gwangju Mine-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. A written report from an employee of an employer;
1. Previouss before ruling: Application of criminal records, inquiry reports, the same previous records, and three Acts and subordinate statutes attached to them;
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. The sentencing of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, driving distance, blood alcohol density, and other defendant's age, character and conduct, environment, health conditions, circumstances after committing a crime, etc., shall be determined as ordered by taking comprehensive account of all the sentencing conditions shown in the arguments of this case, such as the defendant's drinking driving force (three times as a sound driving), driving distance, blood alcohol concentration,