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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
Criminal facts
In the Suwon District Court's Ansan Branch, the Defendant has the penal power for each summary order of KRW 5 million on July 9, 2012, and KRW 4 million on May 13, 2015.
On June 19, 2015, at around 08:15, the Defendant driven a B-type vehicle without obtaining a driver’s license in a state of alcohol of about 0.062% of the blood alcohol concentration from approximately 100 meters from the Do in front of 1717-8, Singu, Sinpo-si to the 1770-1 Donri-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper launch of drivers, and the register of driver's licenses;
1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;
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 Competition;
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 the accused has been led to a fine of the same kind, the accused
1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;