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A defendant shall be punished by imprisonment for not more than ten 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
On January 2, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 6,00,000 from the Gwangju District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) on August 30, 2013, a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving) at the Gwangju District Court on August 30, 201, and a fine of KRW 6,00,000 for a violation of the Road Traffic Act at the Gwangju District Court on March 7, 2018.
On December 4, 2018, at around 07:20, the Defendant, without a driver’s license, driven a car with 1m-D-copon-copon in front of Seo-gu, Gwangju, under the influence of alcohol level of 0.149%.
Summary of Evidence
1. Defendant's legal statement;
1. An accident photograph;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;
1. The indictment under Article 152 subparagraph 1 of the corresponding Article of the Road Traffic Act concerning the crime is stated as the "Article 154 subparagraph 2 of the Road Traffic Act" but it is judged as an obvious clerical error, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of driving a sound driving);
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. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;