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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 6, 2010, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Incheon District Court’s Busan District Court’s Branch, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 26, 2013, respectively.
On September 10, 2015, at around 21:51, the Defendant: (a) moved to drive a motor vehicle without obtaining a driver’s license at a distance of approximately 100 meters from September 10, 2015 to the front road of the lux of the luxri-Eup in Gwangju City; and (b) was under the influence of alcohol with a blood alcohol concentration of at least 0.085%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;
1. Registers of driver's licenses;
1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
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 Act on the Suspension of Execution (Article 62 (1) does not require severe punishment on the grounds that the defendant was punished for drinking or driving without a license on several occasions, but the period of suspension of execution shall be set at three years, strongly warning